help with will which has been signed into a trust was coerced into it

[stestrange69]

HI I'm hoping this is the correct place to post this and I'm hoping there maybe someone who can point us in the right direction to try and get this resolved.

I'm trying to help my grandma out

she originally had a will which was how she wanted everything to be split up
she then fell ill in 2004 and at this time her son had nothing to do with her at all but when he found out she was really ill he came running back home and made my grandma believe she needed him at home to help her when she already had family members that care for her and visit everyday.
From the point he returned my grandma said for 2 years he nagged and nagged at her to change the will until the point she gave in and said she would go to the solicitors which she did and while at the solicitors she believed she was just changing the will and that she could change it at a later date. she said she did it for a quite life as she couldn't cope with all the stress and nagging as every time he spoke to her it was always being mentioned

She has been trying since 2013 to get it changed only to be told by the solicitor it was put into a trust in her sons name and it is irrevocable.
what's happened is my uncle has ended up scamming over £9000 from my grandma over the past few years buying expensive items and trying to get her to modernise the house when it wasn't required telling her things like she needed a new roof when it only needed a couple for tiles replaced and replacement windows when it just needed a replacement glass panel. when he left he came into my grandmas house and just took items claiming everything was his.

The original will from what i know included both my mum and my uncle in it with a equal share (but I've never seen it so cant confirm and she cant find it and believes he has taken it when he left as its not where it should be and has been for years)

Nobody in the family knew about the will/trust until a few days after my uncle had left and my grandma took an overdose as she said she knew she had done something really bad and she was too scared to tell anybody and then it came out what had happened and she has said how she has tried to reverse it but keeps getting knocked back by the solicitor saying she knew it was irreversible a sister of my grandma has tried to help reverse it as my grandma told her about it but said not to tell anyone else because she thought the rest of the family would fall out with her once they knew what her son had forced her to do.

There is one odd thing my uncle was dating a barrister at the time of the change from what I am told and wonder if this has impacted that it changed from a will to a trust I honestly cant see my uncle knowing something like this without a a nudge in the right direction because he just wouldn't know about something like this and certainly wouldn't and my grandma clearly didn't understand that she couldn't change it

My uncle was the only person that took my grandma to the solicitors and changed it over from the will to a trust and he was the only person to make any gain from coercing her into doing it

I've spoke to my grandma and she wants it put back to being in her name only and how her will was and has been since it was first ever made

I've been handed some documents to look through but a lot of them are either letters from my grandma requesting the solicitor change her trust back to how it was previous (will) and the solicitor just stating it was irrevocable in his reply.
Also documents where it is clear my uncle has mocked up his own will and got my grandma to sign it as it always relates to "me and then his full name" when a official document i would believe would relate to the person the will is for and anyone that is named in it just named but every time his name is mentioned on it he put me and then his name so its very clear these was done by him.


Is there anything that can be done?

if there is could someone please point me in the right direction?

not sure if its something or nothing but someone has mentioned that a new law came in that covers coercive behaviour in 2015 and wondered if a statement to the police from my grandma would stand for anything and if this would help in anyway to getting this resolved.

Thanks in advance everyone and sorry if my thread is in the wrong place or even wording isn't the best I'm a hands on person not a reader or writer.

[Sam101]

You should arrange with your grandmother to see another solicitor who can get to the bottom of this, A new Will can be made before she dies to carry out her wishes and the solicitor can check if the property is still in her name.

It would have been a major step for your grandmother to have gifted her home away, or into a Trust at that time and any professional solicitor would have a duty to ensure that this was exactly what she wanted and have very c;lear file notes and a copy of the Will to protect his position. Do it now before it is too late.

[des8]

You can check on the ownership of her house here: https://www.gov.uk/search-property-i...-land-registry

It cost £3 and will save the cost of a new solicitor doing it.

Section 76 of the Serious Crime Act 2015 created a new offence of controlling or coercive behaviour in an intimate or family relationship

[stestrange69]

I've done a check of ownership and it shows both my grandma and her son as registered owners.
her solicitor is telling her that basically anything that needs changing needs his signature before it can be done.
The will that I have seen from 2006 which is when my uncle coerced her into changing is what the solicitor keeps referring back to and saying he was sure to be clear about it when she did it and the solicitor relates to a paragraph which says the word irrevocable once but doesn't clearly state that its irrevocable in my opinion

[Sam101]

If you want to clear this up, your grandmother needs to see a STEP qualified solicitor. Many solicitors that are not STEP qualified will not have enough knowledge to deal with the Trust element. Many solicitors will offer an initial meeting without charge, or only a nominal charge and once they know what is involved, will let you know what the costs would be.

Your grandmother can then make a new Will if necessary, or even a Codicil to confirm her wishes, but don't delay, get it sorted out so that your grandmother can be comfortable with the situation.

[des8]

As Sam101 consult, with your grandmother, a STEP qualified solicitor asap, perhaps also one who has a working knowledge of coercive control

[DE DOGS]

I changed my will, the cost of writing it cost £150-00. Two copies one each to the beneficiary.