Half brother changes will knowing of mental capacity issues (Dementia)

[selfhelp]

Hi All
I could probably run to war and peace on this but will keep as brief as I can. Some years back I made my half brother aware of a will in favour of myself. Essentially because he lived abroad and was fairly wealthy and we hadn't seen him for about 20 years. He then stirred up a lot of animosity accusing my mother of various things that happened when we were children. This caused me to have a mental breakdown. He went to the police and brought charges against my mother but she was certified by a G4S forensic (at the police station) as to lacking mental capacity and unfit for questioning as dementia had set in. While he and his wife had created this division they then used a solicitor known to them to draft an LPA and change the will in their favour. I have only just found out about the will as my mother has passed away. I have contacted the police but they say it is a civil matter but what I also forgot to mention to them is that he wasted 100's of hours of police time in bringing this solely to disinherit me i.e. control and spite. The police told me to go to the SRA over the solicitor's actions but when I looked on the site it was about complaints and only if the complainant had employed the solicitor to act. However unsure if I have this right. I still fail to see how he sat there in front of a frail elderly lady with dementia and underwrote an LPA and will. I knew full well she could hardly sign her own signature. I know I can register against their probate but need to act fast. Any help greatly appreciated. I have also told my half brother I am going to sue him for mental trauma.

[Openlaw15]

Re: Half brother changes will knowing of mental capacity issues (Dementia)

Hi All
I could probably run to war and peace on this but will keep as brief as I can. Some years back I made my half brother aware of a will in favour of myself. Essentially because he lived abroad and was fairly wealthy and we hadn't seen him for about 20 years. He then stirred up a lot of animosity accusing my mother of various things that happened when we were children. This caused me to have a mental breakdown. He went to the police and brought charges against my mother but she was certified by a G4S forensic (at the police station) as to lacking mental capacity and unfit for questioning as dementia had set in. While he and his wife had created this division they then used a solicitor known to them to draft an LPA and change the will in their favour. I have only just found out about the will as my mother has passed away. I have contacted the police but they say it is a civil matter but what I also forgot to mention to them is that he wasted 100's of hours of police time in bringing this solely to disinherit me i.e. control and spite. The police told me to go to the SRA over the solicitor's actions but when I looked on the site it was about complaints and only if the complainant had employed the solicitor to act. However unsure if I have this right. I still fail to see how he sat there in front of a frail elderly lady with dementia and underwrote an LPA and will. I knew full well she could hardly sign her own signature. I know I can register against their probate but need to act fast. Any help greatly appreciated. I have also told my half brother I am going to sue him for mental trauma.

A person is presumed to have testamentary capacity (ie of a fit mind to make a Will) unless it is proved otherwise: Section 1, Mental Capacity Act 2005. A GS4 forensic is likely a medical professional, ie a qualified doctor with several years experience. It is potentially an illegal Will as your mother must have had mental capacity to permit Lasting Power of Attorney: s. 1, MCA 2005. Tell us more about the process of the mother making your half brother an LPA. Do you have access to the G4S medical report on your mother's incapacity?

Contact the legal ombudsman and make a complaint against your half brother's solicitor for potentially unreasonable conduct, ie potentially using historic events to either make the Will void or disinherit you.

[selfhelp]

Re: Half brother changes will knowing of mental capacity issues (Dementia)

The forensic would have been relied upon as this was why the case did not proceed to the CPS, so yes qualified and recognised. The LPA - On the forms they did not mention me, I found out purely by chance. It took me months and months for the OPG to even acknowledge me, another dysfunctional quango. I gave them all the facts re: mental capacity, no mention of other sibling, they used a UK address where they weren't normally domiciled along with the evidence (provided by me) of 2 qualified professionals (incl G4S) confirming dementia yet they still found nothing wrong. they sent someone out from the local courts (as I'm aware) who also confirmed lack of mental capacity yet still didn't act.

Their response was it had been conducted satisfactorily which wasn't the thrust of the complaint i.e. fraudulent application and could they predict what would happen thereafter. Quite honestly they weren't interested. why rob a bank when you can take out an LPA. Went to Legal Ombudsman who told me they couldn't act and told me to go to SRA. My half brother was aware of the mental capacity report 9 months prior to sitting down with this solicitor. We were also advised by the other qualified professional not to take out an LPA but he did. 3 qualified professionals determined my mother not to have mental capacity yet the solicitor used by my half brother seemed to think otherwise. It makes my blood boil to think this solicitor was sat in front of my mother (an elderly frail woman) who could not even string her signature together. Fortunately I have all my mother's papers including signatures and I would be interested to compare it to the signature on the LPA form. However the other battle will be getting a copy of the LPA form which I can't see as being easy with previous experience. I do realise it has ceased on death. I also wonder if I have any rights over my half brother, I seem to have read somewhere about common law rights but think this only applies to intestacy.

[Openlaw15]

Re: Half brother changes will knowing of mental capacity issues (Dementia)

The forensic would have been relied upon as this was why the case did not proceed to the CPS, so yes qualified and recognised. The LPA - On the forms they did not mention me, I found out purely by chance. It took me months and months for the OPG to even acknowledge me, another dysfunctional quango. I gave them all the facts re: mental capacity, no mention of other sibling, they used a UK address where they weren't normally domiciled along with the evidence (provided by me) of 2 qualified professionals (incl G4S) confirming dementia yet they still found nothing wrong. they sent someone out from the local courts (as I'm aware) who also confirmed lack of mental capacity yet still didn't act.

Their response was it had been conducted satisfactorily which wasn't the thrust of the complaint i.e. fraudulent application and could they predict what would happen thereafter. Quite honestly they weren't interested. why rob a bank when you can take out an LPA. Went to Legal Ombudsman who told me they couldn't act and told me to go to SRA. My half brother was aware of the mental capacity report 9 months prior to sitting down with this solicitor. We were also advised by the other qualified professional not to take out an LPA but he did. 3 qualified professionals determined my mother not to have mental capacity yet the solicitor used by my half brother seemed to think otherwise. It makes my blood boil to think this solicitor was sat in front of my mother (an elderly frail woman) who could not even string her signature together. Fortunately I have all my mother's papers including signatures and I would be interested to compare it to the signature on the LPA form. However the other battle will be getting a copy of the LPA form which I can't see as being easy with previous experience. I do realise it has ceased on death. I also wonder if I have any rights over my half brother, I seem to have read somewhere about common law rights but think this only applies to intestacy.

I know this is clearly a difficult time for you but I am trying to help you. Please stick to the facts, ie mother's Will and capacity. It's not what the medical persons say about capacity it's what Will's law says about it. What has your lawyer said about the capacity tests for the purpose of making your mother's new Will? Do you have a copy of the first Will, and you should be able to get a copy of the new Will now as it's public record. Now, what date was the new Will written, and what date was the older Will signed? Common law means case law, ie Will laws made through case law principles.

[Openlaw15]

Re: Half brother changes will knowing of mental capacity issues (Dementia)

The forensic would have been relied upon as this was why the case did not proceed to the CPS, so yes qualified and recognised. The LPA - On the forms they did not mention me, I found out purely by chance. It took me months and months for the OPG to even acknowledge me, another dysfunctional quango. I gave them all the facts re: mental capacity, no mention of other sibling, they used a UK address where they weren't normally domiciled along with the evidence (provided by me) of 2 qualified professionals (incl G4S) confirming dementia yet they still found nothing wrong. they sent someone out from the local courts (as I'm aware) who also confirmed lack of mental capacity yet still didn't act.

Their response was it had been conducted satisfactorily which wasn't the thrust of the complaint i.e. fraudulent application and could they predict what would happen thereafter. Quite honestly they weren't interested. why rob a bank when you can take out an LPA. Went to Legal Ombudsman who told me they couldn't act and told me to go to SRA. My half brother was aware of the mental capacity report 9 months prior to sitting down with this solicitor. We were also advised by the other qualified professional not to take out an LPA but he did. 3 qualified professionals determined my mother not to have mental capacity yet the solicitor used by my half brother seemed to think otherwise. It makes my blood boil to think this solicitor was sat in front of my mother (an elderly frail woman) who could not even string her signature together. Fortunately I have all my mother's papers including signatures and I would be interested to compare it to the signature on the LPA form. However the other battle will be getting a copy of the LPA form which I can't see as being easy with previous experience. I do realise it has ceased on death. I also wonder if I have any rights over my half brother, I seem to have read somewhere about common law rights but think this only applies to intestacy.

On the second point, it seems the legal ombudsman will only investigate complaints if it through their own lawyer. You could sue the lawyer for losses potentially as third party. I don't know how you would fund it though. I don't think a no win, no fee basis would be offered.