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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6537
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Cared for mother after stroke ,complete nursing care as

Customer Question

Cared for mother after stroke ,complete nursing care as bedbound(family expected this as I am retired RGN).My mother promised me her home and in my presence made my brother as power of attorney and executor to carry this out She has since died and have discovered all that has been left is small proportion of house when sold.Do I have any recourse?I am devastated especially as my health has suffered dramatically caring for her to the point my GP s were warning me of my own possible demise.
I feel sad for my children who did not choose to assist washing caring and assisting with her needs including clearing her incontinence.I would be grateful for any thoughts you may have.Yours Lyn Bond
Submitted: 1 month ago.
Category: Law
Expert:  Michael Holly replied 1 month ago.

Dear Lyn

When did she make the promise?

When did she die?

Did she have mental capacity meaning was she still mentally alert?

When did she make the Will?

Michael

Customer: replied 1 month ago.
Promise made several times between December 2014 and when she died 20/9/16.She was mentally alert when promises made.Will made 2011
Expert:  Michael Holly replied 1 month ago.

Dear Lyn

Please do not shoot the messenger but I do not think you will succeed here.

Your mother was mentally alert and had only made her Will some 3 years or so before she commenced making these promises. As such it is not as if she made a Will put it in a drawer and forgot about it for 20 years.

Whilst she was bed bound she had 2 years to change the provisions in her Will and did not do so. All she would have needed was access to a phone as solicitors will visit to take Will instructions.

I think a judge would conclude that, however well intentioned your mother may have been, had she really wanted to change her Will she would have done so.

If there are any further points please reply I will be happy to response further

Best wishes

Michael

Customer: replied 1 month ago.
She didn't change her will because my brother had power of attorney and wouldn't do it as she was immobile.Her mental capacity fluctuated.I trusted my brother to carry out her wish as she regretted her will.She trusted him too.
Customer: replied 1 month ago.
How do you live with the treatment.When my dad died I found out I had signed my right to estate by my mother who made me sign it.I was 19 grieving and I trusted her.Is there anything?
Customer: replied 1 month ago.
I know the law doesn't care ,but caring for her has worsened dramatically a neck injury and need hip and knee replacements My neck cannot be treated but damage is likely to cause loss of movement in right arm.I am in constant pain and taking opiates to be able to care for her.Sorry venting.Why are people so cruel Thankyou for your help
Expert:  Michael Holly replied 1 month ago.

I am sorry but what happened in respect of your father's estate was too long ago and I wish I knew the answer to why people are so horrible to each other.

Michael

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