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Why is the solicitor refusing?
Have any of them met father?
The solicitor I consulted is reluctant because it is my dad's solicitor's belief that daddy is being influenced by me which is not so.
At first, the solicitor that I consulted was willing to meet my dad and talk to him but then dad received a letter from his solicitor saying that she would act for him, and come to see him at home, but only if he made the appointment himself without anyone else's knowledge and she gave him her telephone number. Daddy is deaf and very reluctant to use the phone so is most unlikely to ring her up himself. I should also add that his solicitor is in a town 15 miles from his home. Although I am not officially my dad's carer, I take him for appointments etc. and it is me who makes the appointments on my dad's behalf BUT only if he asks me to.
Before Christmas I took dad to see his solicitor and I believe he told her what his wishes were regarding changing his will.
As you can see it is always me doing the running around for my dad and hence why his solicitor thinks I am influencing him.
I will give you my suggestion.
Your father can presumablyread and can write even if unsteadily.
He may be able to speak.
My suggestion would be to seeanother solicitor and ask the other solicitor to go to see your fatherpersonally and without you present.
I would tell your father whatyou have arranged.
In that case, the newsolicitor does a will there can be no argument whatsoever that what is in thenew will is your father's wishes
Can I help further?
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Yes I will try another solicitor. I am so afraid all the time, that every move I make is being regarded as influencing my father.
I should add that my father's solicitor has told me that any new will my father makes could be challenged after his death by my step brothers and they would then have to revert to the 2002 will. I am under the distinct impression that she might advise them to do this. Do you think it likely that she would behave in such an unprofessional manner? I don't think my step brothers would contest but as they have known about the will for ten years and have not said anything, who can tell. My relationship with my step mother and step brothers has never at any time been acrimonious. We have always got on well.
But you did say that yourstepbrothers were in favour of this, in which case, there is no reason why thestepbrothers should not ask the Solicitor who your father currently uses to goand visit him. The problem is, of course , that may may be nodding politely toyou and going along with what you suggest, but inwardly when the thought of thetens of thousands of pounds in their sticky little hands being depleted byhaving to give you some dawns, they may have a different attitude.
Yes they are in agreement at the moment! But I take your point and I like your humour! But my father's millions???? No. It is the fact that my father has been persuaded to forget that he has a son and daughter of his own and that they are somehow not important any more because he has remarried. It is the hurt that has been caused. I am sure he was being influenced by my step mother and, subconsciously he could still be I suppose. The fact that he wants to put things right is uplifting but time is not on our side.
Humour? That's me being serious!
Things change once they start doing sums or greedy wives bring pressure to bear.
I think you are prob right re stepmother particularly if she was around for some years. I hope you get sorted. Regards
PS. Dont forget my pat on the head
If a will has been made with a Notarary Public is it any different than if it had been made with an ordinary solicitor?
Notat all. Writing wills is not regulated, so it would not matter if it wasdrafted by the office cat. It can be written on the back of a cigarette packetand, indeed, will has been admitted to probate written on the shell of an egg.
Providedit contains the necessary clauses and is correctly executed, it is legal,regardless of who drafted it
If my father makes a new will with a newsolicitor, will the original solicitor have cause or need to know that this hasbeen done either now or after dad has gone?
thefirst thing in the new will is a clause which revokes the old will, so there isno need for the old solicitors know about it and it makes no difference.Unless, of course, there end is up being an argument over the validity of thenew will.
Itis always good practice for whoever writes a new will to ask for the old one tobe destroyed to prevent someone destroying the new one and attempting to relyon the old one
So a new solicitor will contact the old one, inwhich case she will say that, in her opinion, my dad is being influenced bysomeone in his family. The accused isme. I definitely am not influencing my fatherbut how do I prove that? I feelincreasingly that I may need to do this at some point in the future. Other than his will, can my dad write down, orsay, or both, in front of someone other than me, what his wishes are and wouldthat be a legally accepted document in a court of law?
No,not at all. If the new solicitor did that, it would be a breach of clientconfidentiality.
Theonly way of proving that you were not influencing your father is for yourfather to deal with the new solicitor completely on his own with you, not evenin the building. Ask the new solicitor to go with a colleague to provide asecond opinion with regard to undue influence and his mental capacity. Tell thesolicitor to specifically asked the question as to whether your father is beinginfluenced or not. And then, if it does crop up in the future. The solicitorcan then say that he did specifically press the point and that the gentlemanconfirmed he was not under undue pressure and he was doing this of his own freewill.