Carer in new Will

[Missmuffett]

Hello my grandmother died recently aged 101 and my mother and dad thought they were Executors on a Will which was made by my grandmother back in 2005. However, it came to light the morning after her death, that another will superseded the current will and the executor (my grandmother's carer's son) was now organising the funeral, etc. As you can imagine, by mother is devestated and everything is out of her control. We have asked for a copy of the Will but the Executor, I understand, does not have to show us a copy but has sent us portions showing my nan's wishes for her funeral which are directly opposing the previous will and wanted a Direct cremation. My nan was a churchgoer and originally asked for a cremation with service. We also have no idea who the beneficiaries are as this was blotted out along with the date, signature and witnesses. I want to support my mum in this, but feel helpless as these awful people hold everything in their favour. I am thinking of engaging a solicitor to deal with the challenge on this, but not sure if it is worth the stress for my mum. The new Will is a handwritten one on a form whereas the original was made properly through a solicitor. Has any one anyone been through a similar scenario?

[Sam101]

There have been cases where the elderly have been taken advantage of by those careing for them, particularly if the elderly person suffers in a way that they can be influenced by others and family may not be in touch on a regular basis.

As the executor is being obstructive, although well within his rights, I feel that you should challenge this and an initial consultation with a solicitor is often free and without obligation. Perhaps speaking with the firm of solicitors that set up the original Will may help,

[Missmuffett]

Thank you, yes we are looking to challenge this as I feel it is totally wrong that someone would do this to an 81 year old woman who only just lost her mum.

[Sam101]

Let us know how matters progress please.

[Missmuffett]

Does anyone know if items can be removed from the Deceased flat (in sheltered housing) by the Executor and his mother (carer)before the family have a chance to get anything? The "Executor" left a box of items they thought my mum would like in the lobby of the Sheltered housing complex. The will has yet to be proved at probate. As you can appreciate my mother is very upset.

[Sam101]

Anyone could remove items if they have access. The executor needs to check the value of all assets to the best of their ability in order to apply for Probate.

[des8]

The circumstances are so concerning I would be considering entering a caveat to stop probate.
This will give you (and your solicitor) time to investigate fully the circumstances surrounding the execution of the will

[Missmuffett]

The circumstances are so concerning I would be considering entering a caveat to stop probate.
This will give you (and your solicitor) time to investigate fully the circumstances surrounding the execution of the will

Hello Thank you yes I have placed a caveat to stop probate, great advice.

[Shipshape]

Check your home insurance as there is often a clause that will fund a challenge to a will.

[Missmuffett]

Check your home insurance as there is often a clause that will fund a challenge to a will.

Thank you very much, great advice. Will keep you updated

[Missmuffett]

I was just wondering the easiest way to lift a caveat on a Will, which I have placed.

[des8]

Write to probate office stating you want to lift the caveat

[twohoots]

I was just wondering the easiest way to lift a caveat on a Will, which I have placed.

I am assuming you have sorted all this out with the carers son (executor) if you are going to remove the caveat. It would be good to know the ending of your story.

[Missmuffett]

I am assuming you have sorted all this out with the carers son (executor) if you are going to remove the caveat. It would be good to know the ending of your story.

No unfortunately, this has not got a happy ending. Unfortunately, the value of the estate is not enough to fight it. There is no property involved and apparently not enough in the account too. I have had solicitors' advice and the Will despite being a "handwritten" will is valid and clearly states the beneficiary is the carer. It is hard to prove that my grandmother was of sound mind, despite the fact that she was 100 years old when she made this new Will. I feel disgusted that people like this are preying on situations like ours, and we have not even been able to lay her to rest as a family. We have decided to have a private family ceremony at the Church where my granddad is, and who she wanted to be with. I hope these people can live with themselves to do this to a family, who wanted no more than to say goodbye to her with a proper funeral and internment, let alone take her money and belongings as well.

[islandgirl]

So sorry to hear this. Is there any way you can raise your issues with a professional body or the local authority or anyone who has oversight of carers?