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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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my cousin died in may this year. never married lived alone,

Resolved Question:

my cousin died in may this year. never married lived alone, I am the only living relative, my grandfather gave the price of a house to his mother for a house, in which he lived, for over 85 years. A neighbour befriended him and took him in a meal for which he was paid in cash at £500 per month the man was not working. My relative was profoundly deaf, no hearing in one ear and very little in the other, it made it impossible for me to phone him. I used to phone the neighbour. I then had a heart attack and could not visit. During this time my cousin made a will leaving this man £391.000 including the sale of the house which I was led to believe was to come to me. do I challenge the will as my cousin also had dementia for years.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

hello I am a solicitor with 20 yeats experience. I will try to help you with this.

LondonlawyerJ :

Do you know when his will was made and when his dementia became bad.

LondonlawyerJ :

In order for a will to be valid the person who makes it must have mental capacity which essentially means he is of sound mind (can think properly), sound memory (knows what assets he is disposing of) and sound understanding (knows what he is doing in making a will). If there is doubt about this you may well be able to challenge the validity of the will. If the neighbour is the executor as well as the beneficiary then he may be able to sell the house if he gets a grant of probate. There are steps that can be taken to prevent this. Eg placing a caveat on the property, you will also need to see the will and investigate the circumstances around the making of the will The safest thing to do is to instruct a solicitor on this quickly to make sure that what may be your property has not and can not been sold wrongly.

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