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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1079
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My sister has everlasting power of attorney over my Father and moth

Resolved Question:

Hi my sister has everlasting power of attorney over my Father and mother, my Father Died Back in 2010 with Dementia.
My mother was shortly After this diagnose With Dementia.myself and other sister Decided that our Younger sister take over mum and Dads financial Affairs, hence she got fall power of attorney Back in 2010.
Sadly my mother Died Two Weeks ago and said she is sorting out mums will out for probate. I said to her mum Did not make a will. And could not of make one as she was not off sound mind for Last five Years.
I told her that Dad made a will out about 10 years ago, he had just wrote it but Did not have it signed by Anyone. We have all seen it and Read it about five years ago When he Died.she took it when she took Charge of mums & Dads Affairs.she refuses to talk to me now,I have asked her several times now to send me a copy By Email But refuse to do so. Im Afraid she has got my mother to make one out to my sisters Favour. If it goes to probate and is in my sisters favour
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Can I contest against the will if it goes in my sisters favour.?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. From what you have said - I can tell you that your parents assets will be divided equally amongst all children. I say this because if your fathers will was not witnessed then it was not legally valid. As your mother passed with no will then she is considered to have passed as intestate. As there is no surviving spouse then the rules of intestacy provide that everything is divided equally amongst all children. That is the position and your sister cannot change this. Your sister has a duty to divide everything equally and so you can therefore take action if she does not do so. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
Customer: replied 1 year ago.
Hi Thanks for getting Back to me,as I said in my Last Question,my sister who has full power over my Late mothers Financial affairs and the Last thing she Told me Before she refused to talk to me or give me a copy of will or the Address of her solicitor, she that she is sorting mums will out for probate? My mum has not Been sound of mind since my Dad Died. So Im worrying that she has got my mum at sometime over the Last few years to sign a will form to my sisters favour? And the fact she will not give me a copy of mums will and refused to give me the address of the solicitor she is using makes me worry more?
Area of law: England-and-Wales
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Thank you for your response. If your mother did make a will with a solicitor then the solicitor would have had to assess your mothers capacity. I suggest that you check the probate records to see if this has been applied for yet. Follow this link: https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records Kind Regards Caroline
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