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How to contest a will (Read 12346 times)
Val
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How to contest a will
Aug 17th, 2007 at 4:35pm
 
Hello, I was wondering if it would be possible to contest a will over property, My Mother who was suffering from Alzheimers wrote her will in favour of my sister. My sister is the one who set up the appointment with her solicitor and told the solicitor what to put in my Mothers will. My Sister will inheriate my Mothers house, thereby leaving myself and 2 other siblings out in the cold which doesn't seem fair to me and therefore I want to find out if the will could be contested ?
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PetrocellisRevenge
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Re: How to contest a will
Reply #1 - Aug 20th, 2007 at 1:41pm
 
Did your sister hold a Power of Attorney for your late mother?  It is unlikely without one that any decent solicitor would have taken instructions from your sister.

Regardless, from the content of your message it appear there is no surviving spouse.  If that is the case then the good news is that all aof you (as surviving children) are entitled to share in your late mother's moveable estate.

The bad news may be that ther is no moveable estate.  I presume from your post that what you mean to say is that the house makes up the majority of the estate and that there is little else.  Unfortunately your legal rights claim does not extend to the house, which would be considered hertable property (as opposed to moveable propoerty, which is pretty much everything else).

I would recommend consulting a solicitor either to progrss your legal rights claim (if economical) or to consider raising an action against your sister.  As the solicitor will tell you, you will need to be very certain that this is the course of action you wish to take and you will have significant hurdels to overcome.  Most modern legal practices are overseen by risk managers who ensure that procedures of strict recording and documentation of all client meetings take place, precisely in order to safeguard against an action such as yours.

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Val
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Re: How to contest a will
Reply #2 - Aug 20th, 2007 at 7:21pm
 
If a person suffering from alzheimers writes a will with no memory of it can the will be shown to be invalid ?
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Re: How to contest a will
Reply #3 - Aug 21st, 2007 at 2:15pm
 
Is this a hypothetical question?  Can you put it into context?  Are you suggesting that your mother made a later Will?

I note you have not confirmed whether your sister held a Power of Attorney for your mother.
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Re: How to contest a will
Reply #4 - Aug 23rd, 2007 at 11:42am
 
If your mother's Alheimer's was severe, she would not have had the capacity to make a will at all. If she did, the solicitor must have been satisfied that she had the mental capacity to make a will. He/she may have looked into this further (by e.g. seeing a report from a doctor).

This is really the starting point. You would probably want to get your own solicitor to make these sort of preliminary enquiries befoe deciding what to do.
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