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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My mother left a supplement to her will, a letter of wishes

Customer Question

My mother left a supplement to her will, a letter of wishes which falsely states I owe her money and £10,000 is to be deducted from my share. Is there anything I can do about this, I have proof that she has falsified this claim
Submitted: 7 months ago.
Category: Law
Expert:  Clare replied 7 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhat do you think made your mother do this?
Customer: replied 7 months ago.
She has a history of vindictive behaviour, as an alcoholic she has always tried to cause trouble between my siblings. She has cut my younger sister out of the will completely
Expert:  Clare replied 7 months ago.
Was she specific about what the money was for in the supplement?Was this supplement properly witnessed?Who are the Executors of the Will?
Customer: replied 7 months ago.
In the "Letter of Wishes - Supplementary to my Will" she just states that I owed her £9,995. The Executors and Trustees shall call in any outstanding debt owed with interest
It was not witnessed, just signed and dated.
A separate letter was given to me detailing her account of why I owed her the money - not signed or dated, but has 'the facts' of the matter incorrect
Customer: replied 7 months ago.
The executors of the will are my older sister and her husband. She has started to take things out of the house already, before any of us has had a chance to see what was there - needless to say, none of us children are aware of her property as we did not visit often
Expert:  Clare replied 7 months ago.
Right - so you can prove that you did not owe her any money at all is that correct?
Customer: replied 7 months ago.
There was probably a little outstanding, but i need to calculate the difference
Expert:  Clare replied 7 months ago.
How did the debt actually arise then?
Customer: replied 7 months ago.
I was renting a house of hers which was left in a terrible state through neglect, the agreed rental was £400 a month for 6 months and she would pay cost of materials for work that would have to be carried out to make it in a habitable condition, my 13 year old son was living with me at the time, we cleared all the rubbish, cleared the garden etc, joists needed replacing, whole bathroom had to be replaced etc, i have before and after photos of most of the work. When i gave her the receipts for materials she did not reimburse me as promised so i deducted the ammounts from the rent. She received housing benefit while still claiming rent from me. I had to repay all that money after a fraud enquiry and she maintained she had to repay it, not true. I asked her to reduce the rent from £650 to £400 a month due to the fact there was no working kitchen, no heating the main bedroom had mould and mildew problems etc which she agreed ro at the time, but not on paper
Customer: replied 7 months ago.
The debt arose as she maintains she had to repay all the housing benefit, plus a shortfall in the rent, she has added 8% interest pa for the £10000 dated from the day she died back to january 2006
Customer: replied 7 months ago.
This is the paperwork from Portsmouth City Council from the court hearing to repay the debt with the repayment schedule
Expert:  Clare replied 7 months ago.
Have you prepared a spreadsheet showing what was owed and what was paid?
Customer: replied 7 months ago.
I will make a spreadsheet this evening and send it to you tomorrow morning. I have to work all day todayThank you
Expert:  Clare replied 7 months ago.
That will be good
Customer: replied 7 months ago.
Here is the spreadsheet showing the amounts paid to Lois Neale, and by whom.
Would this be a basis for contesting her Letter of Wishes, or is a Letter of Wishes non-contestible?
Thank you
Expert:  Clare replied 7 months ago.
I do not seem to be able to open that?
Customer: replied 7 months ago.
Its an Excel spreadsheet
Customer: replied 7 months ago.
Here is a photo of the spreadsheetIs a Letter of Wishes watertight even if its based on a lie?
Expert:  Clare replied 7 months ago.
Do you have separate evidence that you have repaid PCC?

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