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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10549
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother has a will which states that my aunt who used to

Customer Question

My mother has a will which states that my aunt who used to live with her and is now in a home for dementia could live in my mums home for the duration of her lifetime post my mother being deceased. Now my aunt is in a home does my mothers will need changing to revoke this particular clause in a codicil? She is getting very concerned that my Aunt will be able to move back in and either my sister or I would end up having to look after her.
thanks
Sue
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

Legally, your Aunt has a right to move back into the house unless your Mother changes her Will to exclude this provision.

From a practical point of view, if your Aunt does have dementia and is in a Home, I can't see that Social Services would allow her to move back into a residential property.

It appears your Mother is most concerned, so for her peace of mind, I would advise that she sees her Solicitor to make this alteration to her Will. Your Mother won't need to instruct her Solicitor to draft a brand new Will- the Solicitor can prepare a short document called a Codicil, confirming that the relevant clause in the Will is no longer to apply.

I hope this helps you and sets out the legal position.

Kind Regards

AL

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Customer: replied 3 years ago.

I think the web site has gone wrong I highlighted excellent service and it come back with as below - regards Sue


 


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Expert:  Aston Lawyer replied 3 years ago.

Hi Sue,

Many thanks for your rating which has gone through, so please ignore the message you received!

Please don't rate again, or you will get charged again!

All the Best

AL