FAMILY UPSET, help appreciated

[Mal161]

Family bereavement earlier this year of elderly Aunt (95) in care home. Had two daughters but older one died 2022 and just before the daughters death, the younger daughter, living nearby and with POA and joint account with mother for convenience, took her mother to solicitors and had her change her Will from an equal split between daughters, or issue, to just herself as residual beneficiary. Therefore, this cut out the children of the older sister (issue) and who died a few weeks later. The executors of the first and second Wil were the two daughters and myself, a close nephew for the past 40+ years. When learning of this I discussed it with my Aunt who stated that the change was made because younger daughter said it would be easier to manage the estate after her death and the daughter gave her word that the dying sister's children would receive their inheritance in the same way as the original Will. When I explained the problems that may occur, she asked me not to discuss it with her younger daughter, who she relied on and lived nearby, so I did not challenge it. Now she has told the family that the residual estate is all hers due to the ne Wiil. Far more later according to response and possible help from experienced members?

[atticus]

This may be a case of a will that can be contested on grounds of undue influence.

The very first thing that you must do is write down a very detailed note of what the deceased said to you including when, where etc.

Then give this to the family of the deceased daughter, as they will be the ones bringing any legal action.

Is it possible that when confronted with your evidence the wicked aunt will relent and agree to vary the terms of the will?

[Mal161]

Thank you Atticus, I was hoping that you may respond. It is the wicked daughter who is at fault and having written letters to her mother when I learned about the changed will, I made it clear that even though the younger daughter had promised to pay the older sisters inheritance to her children, there could be problems. My Aunt said the =the reason was only to make it easier to manage when she died and she was at an age when she relied fully on her younger daughter who lived nearby with her husband. Although not linked to this actual case, but looking at the honesty of the younger daughter, she acted as leading executor for my Aunt's wealthy sister when she died back in 2012 and there was an estate residue after taxes of over £784,000 split between the younger daughter and her sister with considerable doubt that it was all paid over to the older sister, who unfortunately was rather placic and left it to her sister to manage, so never questioned it. I have suggested that the children look closely at this. Today I learned that the children have written to the younger sisters solicitors, engaged to try and ouse myself as executor so that they can conduct the Probate application themselves and have reserved £4000 of the state funds for legal costs, and notified then that they are seeking legal advice on contesting the Will. Unfortunately they live in Australia, so it gets more difficult. Suggestions for a DOV before probate have been made but the younger daughter now refused to sign even though she has told the children that she always intended to pay them the money.

[Mal161]

Linked to this Post, I have been trying to find out about a family death (My Aunt's sister) in November 2012 and have obtained a copy of the Will and Probate, granted March 2013, with basic details of the overall estate value and tax paid, butis it possible to obtain a copy of the actual Probate submission figures as I have a strong suspicion that some significant values were not included in the Probate submission to avoid tax and for the sole executor to gain personally?

[Mal161]

Atticus, I wonder if you can help further on a linked matter linked and mentioned above. My Aunt's sister's estate was Probated by the younger daughter in question earlier and the beneficiaries being the two Nieces equally. When asked of the family if their mother received an inheritance of £ x (substantial), they commented 'nothing like that amount'. As there were many months between Probate being granted and the deceased's property being sold for over £450,000 and the fact that the daughter in question has acted in an untrustworthy manner in changing her mother's Will, I obtained a copy of my Aunt's sister's Will and Probate, but need to obtain a copy of the actual submitted figures submitted for Probate as I strongly suspect there could be false statements made in that regarding true values. Is there a way I can obtain that, as the executor (daughter in question) will not confirm what was actually paid to her sister ?

[atticus]

Sorry, I have no idea. Have you asked the Probate Registry that issued the Grant?

NB "Probate" is not a verb.

[Mal161]

Thanks, I have tried calling several times but just a long wait without getting through. Tried fraud action line but they say consult a solicitor. Will keep trying unless there is another solicitor, retired or otherwise, that may be able to help mr eit pearls of wisdom?