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Apologies for long post, but I thought all the background was necessary.
Background
The testator was my uncle. He died recently at the age of 94.
He had no children with his deceased wife and so his only next of kin were his nieces and nephews. He also had a foster child.
Drawing up of original will
My uncle finally had a will drawn up in 2018 aged 88.
In that will, cousin ‘B’ was given my uncle’s other property. The remainder of the estate including my uncle’s home was to be divided between myself, my sister, and the foster child.
Timeline thereafter
We hire a solicitor to enter a caveat on the estate and put in Larke v Nugus request:
Our solicitor has been very dismissive of our claim, right from the first 30 minute meeting. She told me my videos are worthless and my cousin would claim that as he had been diagnosed with dementia, he was confused. But clearly he was okay again by the time the OPG assessed him late in 2023.
The videos show him talking about other subjects with perfect recall. My solicitor has never asked to see them.
She has said the only option for us is to acquire his medical records. While these records would confirm the hearing and eyesight loss, I am doubtful they would show confusion or memory loss because he rarely went to the doctors and was not diagnosed with dementia until 2023. Though he clearly had it beforehand.
The solicitor thinks we have no case, so I am seeking a second opinion based on the above. I would be grateful for such opinions.
Background
The testator was my uncle. He died recently at the age of 94.
He had no children with his deceased wife and so his only next of kin were his nieces and nephews. He also had a foster child.
Drawing up of original will
- In 2004, he made a promise to my father to include myself and my sister in his will.
- Prior to his wife’s death in 2015, she asked him to include us so that we would have her share of the estate. He promised her he would.
- Therefore changing the will and omitting us betrays his promise to his wife whom he adored.
My uncle finally had a will drawn up in 2018 aged 88.
In that will, cousin ‘B’ was given my uncle’s other property. The remainder of the estate including my uncle’s home was to be divided between myself, my sister, and the foster child.
Timeline thereafter
- Uncle has an accident and fractures his back. His health starts to decline.
- During the course of 2020-2022 his hearing deteriorates rapidly and he purchases high quality hearing aids, but they only worked for ten minutes at a time. Hearing was intermittent.
- He loses sight in one eye and is partially blind in the other.
- He stopped taking at least one medication namely his water tablets which would have led to high blood pressure and the vascular dementia he was later diagnosed with.
- He starts to exhibit memory loss and confusion. In 2021 he contacts us to help him deal with his bank accounts, insurance, repairs etc.. because ‘we were the only family he trusts.’
- He tells us cousin ‘B’ fraudulently put her name on the deeds to his other property. He also repeats this separately to his friend. (Third party testimony available)
- He tells us to get hold of a copy of the deeds to check – as cousin ‘B’ had the only copy – and the deeds proved him correct.
- While we applied for the deeds, he became extremely agitated asking us repeatedly if she would find out. He was very anxious for her not to know he was acquiring the deeds and was afraid of her. He was preparing to remove her from the will.
- He said he did not trust her and that she stole his wife’s ring. (Foster child’s testimony)
- Cousin ‘B’ was spotted by a neighbour removing uncle’s personal possessions from his house while uncle was in hospital, according to uncle himself. (Third party testimony available)
- In November 2022, according to uncle, cousin ‘B’ spent a number of days with him. (Third party testimony available)
- By this time he was very vulnerable physically and mentally. He had accused the NHS of murdering his wife. He had accused several friends, cleaners, and family members of stealing from him.
- By the end of November the will had been changed to make cousin ‘B’ sole beneficiary. She also set-up power of attorney over his affairs.
- Cousin ‘B’ told uncle not to tell anyone.
- However uncle told foster child. Foster child is willing to give up his claim on the estate to appear as independent witness. (Foster child’s testimony)
- Uncle also told his close friend that the will writer had been there and cousin ‘B’ had changed the will. Not uncle! (Third party testimony available)
- In June/July 2023 uncle falls ill with pneumonia. There is audio recording of him agitated in hospital saying he wanted to die at home.
- In hospital in June/July 2023 he is diagnosed with vascular dementia.
- He had repeatedly told foster child and ourselves that he when it came to his end of life care he wanted to die at home and saved enough money for private care.
- I visit him in hospital on 11th July 2023. I video him and ask him about the power of attorney.
- In the video he responds with: cousin ‘B’ has ‘always been a scrounger.’
- I then video him talking about the new will and ask him if he is happy with it.
- He never says he is happy!
- He tells me he would never leave myself, my sister or his foster child out of the will.
- He then tells me I will be entitled to everything.
- There is therefore a serious disconnect between the will made in November 2022 and what he wanted!
- A couple of weeks later he is discharged from hospital.
- I try to visit him at his home, but all the locks have been changed and my keys don’t work!
- Within days cousin ‘B’ has made arrangements to remove uncle to a care home permanently far from his home, paying no attention to his wishes of being cared for at home.
- A friend is with uncle when he protests vehemently about being taken to care home. cousin ‘B’ ignores his wishes. (Third party testimony available)
- Foster child, friends of my uncle, myself and my sister try to find out from cousin ‘B’ where she took uncle. She refuses to tell us which care home he is in. Very few people know where he is.
- Another friend of uncle gets a call from social services trying to find out where uncle is. Friend tells social services that he needs to ask ‘cousin B’. Shortly after friend receives a very abusive phone call from ‘cousin B’ telling him he should not have spoken to social services. (Two third party testimonies available)
- We contact the Office of Public Guardian and social services, but both are useless in trying to protect his welfare.
- The OPG declare uncle has mental capacity.
- We finally track uncle down to a care home in December 2023 but they refuse to let us see him on an unnamed person’s instructions.
- I never get to see him again before his death in February 2024.
We hire a solicitor to enter a caveat on the estate and put in Larke v Nugus request:
- The will writer did not know uncle before the first appointment.
- The will writer has no listed qualifications on Linkedin, but is a member of the Society of Will Writers.
- The will writer did not get a medical assessment and used his own judgement instead.
- The will writer explained the will verbally to uncle, but made no comment on his deafness and was unaware of any medical conditions.
- The will writer is executor and takes a percentage of the estate which I believe is some kind of trust.
- The will writer said uncle gave instructions regarding the will and that cousin ‘B’ was in the house but not in the same room.
- Given the type of will, there is no way my uncle would have thought of that on his own. He had got to the point where he couldn’t understand his bank statements.
- The will writer noted the reasons my uncle gave for leaving myself, my sister and his foster child out of the will. The things our uncle said we had done are complete fabrications.
- Friend of my uncle said she was told by uncle cousin ‘B’ had given him reasons to leave people out of the will. (Third party testimony available)
Our solicitor has been very dismissive of our claim, right from the first 30 minute meeting. She told me my videos are worthless and my cousin would claim that as he had been diagnosed with dementia, he was confused. But clearly he was okay again by the time the OPG assessed him late in 2023.
The videos show him talking about other subjects with perfect recall. My solicitor has never asked to see them.
She has said the only option for us is to acquire his medical records. While these records would confirm the hearing and eyesight loss, I am doubtful they would show confusion or memory loss because he rarely went to the doctors and was not diagnosed with dementia until 2023. Though he clearly had it beforehand.
The solicitor thinks we have no case, so I am seeking a second opinion based on the above. I would be grateful for such opinions.
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