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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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My mother died in May 2014 leaving a house and some money.

Customer Question

My mother died in May 2014 leaving a house and some money. A cousin had Power of Attorney, as my mother had vascular dementia, and was also appointed Executor of the will. I expected the will to be read and to be present. Up to this point the will has not been read and I have not been informed of her assets. I was told by my cousin, the Executor, that this does not happen anymore. The only copy of the will I have seen is in a email from my brother who is a beneficiary.
The Executor enabled my mother to write a new will either in 2014 or 2013. My father died in 2013 having written a will that did not include my brother but was to leave money to each of his five children and my daughter. The new will includes myself, my brother and £35,000 for my daughter.
I was given £10,000 in advance in December 2014.
I find all this unexpected and feel it may be unusual. I would akso say that my mothers signature on the will appears to be exactly like her signature of several years ago before dementia really affected her. I saw her write a cheque out at HSBC in Rye, East Sussex, in 2013 which bore no resemblance to the clear, flowing script on the will.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Has Probate of the Will been obtained?
Clare
Customer: replied 1 year ago.

The will is with the probate solicitor. Thats all I know.

Expert:  Clare replied 1 year ago.
Hi
How much mental capacity did your mother have at the time your father died?
Clare
Customer: replied 1 year ago.

Tests in 2012, shortly after he died, showed that she had become quite apraxic in planning actions; ie her motor actions were affected. She had been an artist but as far as I was aware she unable to co-ordinate her movements to draw a picture of an object. She had been extremely literate and her verbal skills were still good but she would repeat things over and again throughout the day. She could engage in conversation well but would soon begin to repeat herself. In 2012 she could recognise most of the people she new but not always their names. She could not remember the names of her carers that she had to have after I left and could not recognise them as being the same person. Old faces she recognised, but not new ones. She forgot to eat believing she had already eaten, could not cook for herself as it was quite dangerous. In fact I lived with her for six months because we recognised she could not safely live on her own. This ceased in December 2012 as I could not provide full care and we engaged professional home care. Late 2013 she had to have a live in carer before she was transferred to a care home in north London shortly before she died.

Expert:  Clare replied 1 year ago.
Hi
When is the lastest Will actually dated?
Clare
Customer: replied 1 year ago.

The date of the will is 23rd Jan 2013.

Expert:  Clare replied 1 year ago.
Hi
Just to check - under this will there is a gift to your daughter and the balance is divided between you and your brother - is that correct?
Customer: replied 1 year ago.

Yes

Expert:  Clare replied 1 year ago.
Hi
How many siblings do you have?
Clare

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