Mothers Neighbour as suddenly produced a newer will Help needed

[Paul-H]

Hi all

Found your forum after searching for help with a big legal problem and not sure my solicitor is capable of sorting it out.

The story so far, my wife's mother passed away a few months ago in a care home. Her house had been sold a year ago to pay for her care home fees. We had her will which stated that my wife was to be her executor and that her wealth was to be split 50/50 with the wife's brother who lives in Spain.

All she had was the money held in a deputies account from the house sale so obtaining probate was not an issue and done in little more than 2 weeks, we then applied to the bank for the release of funds from the deputies account to satisfy her wishes in her will.

The money was paid into our bank after about a week and we started sorting out its distribution, which needed some legal form signed by her brother as he is living in Spain.

Then suddenly we get in the post a letter from a firm of solicitors saying they represent my late mother in laws next door neighbour and that she has a newer will giving every thing to her and her husband.

This new will was made 2 years ago and the one we hold was made 7 years ago

At the time it was made my mother in law was 92 and suffering from bad dementia having been diagnosed 2 years earlier than the date of the second will. Obviously we went to our solicitor who has basically said we have little to no chance of contesting it as it was not only drawn up by a solicitor but the same one that drew up our one.

How can this be correct, the next door neighbour has had nothing to do with her almost the whole time she was unable to help herself, (Almost 10 Years) and now we now stand to loose not only all the money but our hose as well as we had in a fit of euphoria at getting the money paid off our mortgage and debts. we never for one moment expected this to turn up.

The total amount is around £250,000.00

Anyone been through this and got a satisfactory solution or is my solicitor correct that just because its been done by a solicitor there is nothing we can do..

How her solicitor thought its ok to change a will of a 92 year old dementia suffer that gave everything to her closest family and just give it all to the next door neighbour without even contacting us to let us know what is going on is beyond my thinking.

Please help or advise if you can.

Thank you

Paul

[des8]

Re: Mothers Neighbour as suddenly produced a newer will Help needed

Hi and welcome
A terrible situation.

First of all the holders of the latest will have to obtain revocation of the grant of probate which you obtained.
They then need to obtain a grant of probate for their will.
To delay this you need to lodge a caveat against that will
This will give you six months in which to contest that second will on the grounds that your MiL lacked capacity when making it. (doctor's / specialist letter will help prove it)
You could also contest it possibly on the grounds of coercion (if you think that may have been a possibility)
Also as a near relative or dependant of the testator you are entitled to financial provision from the estate.

The last point is demonstrated by the fact that you used your legacy to discharge your mortgage and other debts.

If the other will is even then upheld and the neighbours try to obtain the proceeds, you then have a defence against this on the basis that your position has changed in that you have used the money and cannot recover it (I assume you could not remortgage)

I think you should be changing your solicitor, and finding one who is an expert in contentious wills.
Not cheap, but might defend you better than your current solicitor!!

[Snoopy1948]

Re: Mothers Neighbour as suddenly produced a newer will Help needed

Hi and welcome
A terrible situation.

First of all the holders of the latest will have to obtain revocation of the grant of probate which you obtained.
They then need to obtain a grant of probate for their will.
To delay this you need to lodge a caveat against that will
This will give you six months in which to contest that second will on the grounds that your MiL lacked capacity when making it. (doctor's / specialist letter will help prove it)
You could also contest it possibly on the grounds of coercion (if you think that may have been a possibility)
Also as a near relative or dependant of the testator you are entitled to financial provision from the estate.

The last point is demonstrated by the fact that you used your legacy to discharge your mortgage and other debts.

If the other will is even then upheld and the neighbours try to obtain the proceeds, you then have a defence against this on the basis that your position has changed in that you have used the money and cannot recover it (I assume you could not remortgage)

I think you should be changing your solicitor, and finding one who is an expert in contentious wills.
Not cheap, but might defend you better than your current solicitor!!

This is really interesting .... does that fact that both wills were drawn up by the same solicitor ( I believe that what was said ), does that solicitor hold any culpability in this matter?

[des8]

Re: Mothers Neighbour as suddenly produced a newer will Help needed

This is really interesting .... does that fact that both wills were drawn up by the same solicitor ( I believe that what was said ), does that solicitor hold any culpability in this matter?

He could do, but without more details and insight it is impossible to tell.

There were several years between the drawing up of the wills....... did the solicitor recall the first will?
People can lack mental capacity, but this won't necessarily be obvious to a stranger. For example we have a friend who suffered a stroke, and she can carry on a normal conversation but really now has no conception of time or relationships. It would be possible to wheel her into a solicitor and get her to make a will in my OH's favour without the solicitor being aware (except her husband is her carer and he might be a bit upset if we did !!)

[Paul-H]

Re: Mothers Neighbour as suddenly produced a newer will Help needed

Thanks for all the replies and advice

Looks like we need to find a new solicitor quickly for this

We live in North Kent, anyone got any recommendations as its difficult to know who to go with as they all claim to be experts in their adverts.

I understand they will use something called "A moment of lucidity" as their get out of jail card, but knowing how bad she was even two years ago only the most incompetent or corrupt could not see she was incapable of making such an important decision, as her dementia was that bad.

I don't understand why no alarm bells rang when she changed a will leaving everything to the Woman's children to one that gives everything to a family next door that she had not known all that long because they are from another country. Should she not have contacted us first just in case she was being duped ?

Thanks again for all the help

[Amethyst]

Re: Mothers Neighbour as suddenly produced a newer will Help needed

I believe the solicitor who drafted the will had to undertake certain checks to ensure 'lucidity' (testamentary capacity). Have you spoken with this solicitor at all ? Were they aware of your Mother's dementia at the time of making the will?

This seems a useful article.
http://www.saracenssolicitors.co.uk/...ecisions-wills

[Paul-H]

Re: Mothers Neighbour as suddenly produced a newer will Help needed

Thanks again for all the help and replies

We are now looking for a more experience solicitor

Regarding 'lucidity' (testamentary capacity). and "moment of Lucidity"

She suffered from vascular dementia which kills brain cells, they don't suddenly start working just because a solicitor is present, once dead they stay dead.

Thanks for that link Amethyst looks to be most helpful.

Paul

[Paul-H]

Re: Mothers Neighbour as suddenly produced a newer will Help needed

Hi all

Anyone had any experience with this firm http://www.cripps.co.uk/services/dis...esting-a-will/

Thanks

Paul

[JJW]

I know this is an older post, but is there any update please?

[atticus]

after more than 6 years inactivity by the OP, an update is unlikely.