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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My sister is a avokat of mothers will ,which was surposed to

Resolved Question:

my sister is a avokat of mothers will ,which was surposed to be shared between 5 of us my father x mothers wishes which was always said ,my father passed x my sister later had my mother live with her as we were all working full time ,my sister only part time ,her house was sold in june 2013,a have since on my mothers passing found out she had done another will which states ,all three of her children and her partner and herself as well as four are to have divided equally between us ,i was avokat with my fathers will and was dropped at sometime ,with no knowlegde until i contacted solictors myself and they told me ,she has not told any of us about anything ,we have asked about ashes and is not answering calls and my mothers will does not look like my fathers which is 5 pages long my mothers is one piece of paper she has signed top right underneath is solictor in brackets at bottom mothers signed below a witness which we do not who or able to read and underneath the signed by receptionists of solictor it looks like it was printed off computor not a offical doc it is in probate ,and she will not anyone have a choice with ashes she said she is keeping them solictors want to much money to look at will,is there any advice you can give,as my trusted us both to do right thing and she lied to us all.
Submitted: 7 months ago.
Category: Law
Expert:  Clare replied 7 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

Where did your late mother live?

Customer: replied 7 months ago.
at the time of passing she was living with my sister,as she could not manage any longer at home
Expert:  Clare replied 7 months ago.

Sorry - whereabouts in the Uk was she living

Customer: replied 7 months ago.
reading berkshire
Customer: replied 7 months ago.
still there
Customer: replied 7 months ago.
will you get in touch tomorrow
Expert:  Clare replied 7 months ago.

What is the extent of the Estate - how much is it worth?

Customer: replied 7 months ago.
We think it is under £1500 how much only my sister knows she had sole access to bank account ,from sale of house
Expert:  Clare replied 7 months ago.

Has Probate been granted?

Customer: replied 7 months ago.
it has on the 19th july 2016
Expert:  Clare replied 7 months ago.

Have you seen a copy of the Grant - it should have some figures on it

Customer: replied 7 months ago.
our main issue is the will legal ,was my mum in right frame of mind and we do not know who the witness was i would have though you should print x sign i have sent pdf copys
Customer: replied 7 months ago.
this is all we have seen and i paid for copy on gov site
Customer: replied 7 months ago.
i was going by amount at bottom does not exceed £152,000
Expert:  Clare replied 7 months ago.

The Will itself is certainly valid as a document.

It was prepared by Hayes Clifford and witnessed by the Receptionist and a solicitor.

However of course that does not solve the problem of whether or not your mother had mental capacity - or whether or not she was subject to undue influence.

You are entitled to write to the solicitor quoting the case of Larke - v - Negus and ask for a copy of the Will file to discover what steps they took to ensure that your mother had mental capacity and that these were her wishes.

Given that the net estate is £152,000 this could be sensible

Please ask if you need further details

Customer: replied 7 months ago.
the will was not draw up by solictor and do we need to know who witness was are we allowed to know because everytime one of us have asked quetions to hayes& clifford they have told my sister
Expert:  Clare replied 7 months ago.

Yes it was drawn up be a solicitor - the witnesses are a Solicitor and the Receptionist of the firm.

They cannot speak to you as you are not the Executor of the Will

However if you write to them and quote the case I mention they have to give you a copy of the file

Customer: replied 7 months ago.
ok thank
Expert:  Clare replied 7 months ago.

You are most welcome

Customer: replied 7 months ago.
just quick question can a carer of my mum still be executor to her will because my sister was my mums carer
Expert:  Clare replied 7 months ago.

Yes that is acceptable

Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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