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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I recently learned that my adoptive mother died in the Uk in

Resolved Question:

I recently learned that my adoptive mother died in the Uk in 2012. I have since discovered she had rewritten her will in 2002 after a dispute with me and left all her worldly assets to her birth daughter. I was not notified of her death although my adoptive sister states that notification was sent and received no response. Without doubt I would have travelled from Australia for the funeral if I had known. My question is how do I find out if any attempt was made to notify me as I believe that my attendance at the funeral would have raised questions about the will. Could a legal letter be sent to my sister asking for clarification on the matter?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
On what basis do you believe that the Will could be challenged?
Clare
Customer: replied 3 years ago.


Well the fact I did not know the person was deceased caused me not to be at the funeral. If I had been there I would have known about the new will. My mother's previous will had included myself and my daughters. I am sure that my sister would have persuaded her to do this. I am not necessarily contesing the will per se - I am asking what legal steps I can take in order that my sister provide proof that there was an attempt to notify me of her demise and not an attempt to avoid any litigation over the will. I am also unsure if all children (I was legally adopted) should be included ( even if it means a noted exclusion) in a British will.

Expert:  Clare replied 3 years ago.
Hi
I am so sorry but I am afraid that your sister cannot be forced to provide evidence that she notified you as there was no legal requirement that she should do so
You can certainly write and ask for the evidence - but if she chooses not to respond then there is no other action that you can take.
With regard to challenging the Will the only grounds you could have done so on would have been that your mother was not mentally competent to do so - or that your sister had used undue influence.
Unfortunately the clear break down in the relationship between you and your mother would be evidence that she could indeed have wished to exclude you from her Will - as she was indeed entitled to do
I am sorry not to give better news - please ask if you need further details
Clare
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