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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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The issue of the will correction Mother has written her will

Customer Question

The issue of the will correction Mother has written her will and in her will the conditions for the two of you, the two daughters, are different. You r sister gets half but your half will be put in a trust and once you pass away your money from the trust will be divided between your and your sisters children, all of which you feel is unfair. You have questioned your mum about it and she mentioned that she feel bad about it, and agreed that it was a bad decision based on wrong information and she feels guilty about having made such a bad decision. Considering the above I want to know if my mum could correct her will The present legal condition is that my sister has power of attorney over my mother's legal affairs. My sister has agreed that my mother's decision is unfair and she has said that she wouldn't mind correcting should mother would give approval. The question is: A. Because my mother is not considered of sound mind, can she decide to change her will? Yes of no if yes, how to proceed? B. If not: Should she not being considered legally able to do so, can her legal representative, my sister, represent her will [her desires as admitted by herself] and change the will? What are the requirements for it? (*)What will the lawyer require to proceed and change the will?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
will do my best to help you but I need some further information first.
When was the Will made?
When did your mother lose Mental Capacity - and who has made the assessment?
Clare
Customer: replied 2 years ago.

Hi, as soon as I get this information I will get back to you.

Sheila

Expert:  Clare replied 2 years ago.
Hi
That is fine - add it when you can
Clare
Customer: replied 2 years ago.

Hi Clare

I still am unable to get the information that you asked me for. I have requested it again today and will let you know when I have it. Do we have any restrictions to be able to supply answers?

Sheila

Expert:  Clare replied 2 years ago.
Hi
Just add it when you can
Clare
Customer: replied 2 years ago.

Hi Clare,

I am unable to get the information that you have requested. What options do I have? I was disappointed to see that the fee which on the website said would be taken until a satisfactory answer had been obtained, has already been taken from my account at the beginning of this matter. What is my position now ongoing. If this goes on into a second month will I be charged further?

Sheila

Expert:  Clare replied 2 years ago.
Hi
I am sorry - I will ask Customer Services to contact you regarding the money as I have no dealing with that.
Are you certain that your mother does not have Mental Capacity
Clare