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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6933
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I think my dad was groomed/fraud-ed into giving a large sum

Customer Question

I think my dad was groomed/fraud-ed into giving a large sum of money to the 1 in question just days before he died. He was in st Catherine's for his last weeks he go a lump sum pension pay out from this time the 1 in question did not leave his side and convinced him to start handing his money out as gifts. Were his kids received a big amount which was unexpected and could not believe we have since found out the 1 in question received considerably more than they ever should of and now going back on things they had said to us and others seems it has been a plan.
What can we do as as they was not mentioned in the will at all and my 2 elder sisters are execuiters of the will.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
?
Expert:  Michael Holly replied 1 year ago.
The circumstances are certainly suspicious and could amount to undue influence.The first thing to check is whether your father had capacity at the time when he was persuaded to make these gifts. Capacity is the ability to understand the nature of what he was doing free from influence I would ask the hospital staff if they believe that he had capacity in the period before his death.If they believe that he did not have mental capacity then all the gifts made can be set aside because he did not have capacity and due to that factor undue influence could be applied.The recovered money will go into his estate and be distributed in accordance with the wishes expressed in his Will.I hope this helps, if there are any further points please respond and I will be happy to reply.Best wishesMichael
Customer: replied 1 year ago.
What kind of evidence should i be looking at getting exactly. I can ask medical staff at st Catherine's i can get several statements say how he was contently drifting in and out some days not knowing things he should have in good state plus hallucinating, also statements stating how and when (after his death) she has stated how he did everything she asked/suggested. what else would you advise as substantial winning evidence.
Customer: replied 1 year ago.
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Expert:  Michael Holly replied 1 year ago.
You need independent evidence of his mental capacity so you need to get a statement from the medical staff , preferably a doctor. They will have been asked this question before in respect of patients so they will not be surprised to be asked.Evidence that she said that he did everything she asked would be very useful as it shows she did have undue influence and was making the decisions.You do not need anything beyond that as it covers both aspects, his capacity and her admitting he did everything SHE wanted.Best regardsMichael
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Customer: replied 1 year ago.
Hi i have been to see doctors today and they say they are not able to give me/state any information on my dad in regards ***** ***** capacity they said it is for a solicitor to decide and they don't get involved with such things please advice how i can get the information i want of them
Customer: replied 1 year ago.
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Expert:  Michael Holly replied 1 year ago.
The executor of the Will should ask for a copy of his medical notes.There may be comments regarding his mental capacity in the notes " confused today" or similar.If the notes do not show anything then you would statements (letters) from those who visited him.Best regardsMichael