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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have lived with my elderly mother years. I have helped

Resolved Question:

I have lived with my elderly mother for 23 years. I have helped her and looked after her health and financial problems in many ways. She is now 87 yrs and losing her memory which she won't admit to but recently has started to be nasty and unfair to me threatening
frequently to cut me out of her will which she made approx 12 years ago. She will not go for a diagnosis and says there is nothing wrong with her but I know she is not alright and
becoming ill with this problem. She gets angry if I don't agree with her all the time.
Power of attourney has been applied for and still pending completion.
Can she disinherit me or not ? And if so, could I contest it successfully?
I am 69 yrs old this year and unmarried and have no other home.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I have health problems of my own, Hypertension, arthritis,clinical depression, these are enough for me to contend with apart from my mothers problems and now I am getting angry threats to disinherit me financially. It is all too much for me and very upsetting.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDo you have siblings?
Customer: replied 1 year ago.
Yes, I have one brother one year younger than me, that is all.
Customer: replied 1 year ago.
I will get back again to just answer tomorrow 13th Jan approx 1pm-2pm thank you.
Expert:  Clare replied 1 year ago.
.
Expert:  Clare replied 1 year ago.
Hi
Has there been a medical report regarding capacity for the power of Attorney applictaion - if so what did it say?
Clare
Customer: replied 1 year ago.
If you mean my mothers mental capacity, then no, there has not been a medical report. Her memory is not 'that' poor, she still
knows what she's saying in a legal situation. What has this got to do with my question?
Expert:  Clare replied 1 year ago.
If your mother no longer had mental capacity then she would no longer be able to make a new Will in any eventIf she does have mental capacity then she is free to make a new Will whenever she wishes.However if she does do so then on her death you would indeed be able to challenge the Will - based on her mental capacity if there is no medical report completed before she makes the new Will - or on the basis that she has made insufficient provision for you if there is.If your sibling will support you then it could be sensible to discuss this with him as well so that he is aware of your concerns about your mother's mental health and will not be concerned about any odd accusations that she may makeI hope that this is of assistance - please ask if you need further detailsClare
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