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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner has recently died and the Will the solicitor drew

Resolved Question:

My partner has recently died and the Will the solicitor drew up was trying to avoid care home fees with the consequence he set up the house which is half mine and half in trust to myself and my partners two nieces.
The problem arises that he wrote the will regarding any assets my partner had in bank accounts and shares as though I was dead and the beneficiaries are his two nieces and I have no claim whatsoever on the money if they don't want me to have it. The solicitor omitted to point out to me that if I was alive I had willed all his money away and now have to rely on their goodwill if I can even claim a third. As things stand I doubt they will see it that way as they said I should have read it more carefully before getting my partner to sign. He was ill with Parkinsons at the time and it was very stressful and I overlooked being included in the assets. He suffered a great deal and although I was the only carer no one cares and I inadvertently have lost assets worth around £100000. Do I have any recourse?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Did your partner actually have sufficient mental capacity to make a Will?
Clare
Customer: replied 2 years ago.

He was confused so I don't think he understood the implications. It was extremely difficult for him to even write his name or have a coherent conversation.

Expert:  Clare replied 2 years ago.
Hi
Did the Solicitor not question this?
Clare
Customer: replied 2 years ago.

Yes it was at the same time as I obtained PoA but the problem was I think that I should have read the terms more carefully before I asked him to sign so it was my oversight as I didn't realise the implications that I would not be main beneficiary.

Expert:  Clare replied 2 years ago.
Hi
Did the solicitor not insist on seeing your partner on his own?
Clare
Customer: replied 2 years ago.

Yes for the PoA to make sure he was happy I could handle all his affairs.

Expert:  Clare replied 2 years ago.
HI
What about when making the Will?
Clare
Customer: replied 2 years ago.

No we were together but not sure he understood what it was about

Expert:  Clare replied 2 years ago.
Hi
Did the Solicitor not query this?
Clare
Customer: replied 2 years ago.

I think he just assumed it was OK because I was there.

Expert:  Clare replied 2 years ago.
Hi
In fact it was not Ok.
Was there an existing Will prior to this one being made?
Clare
Customer: replied 2 years ago.

There was one you bought over the counter just leaving everything to me.

Expert:  Clare replied 2 years ago.
Hi
From what you have said when the current Will was made your partner did not in fact have sufficient mental capacity to do so.
This being the case it is invalid, and any attempt to challenge the Will will mean that this fact will come to light
At that point it could possibly mean that the Intestacy rules will apply which will limit your claims considerably.
Please ask if you need further details
Clare
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