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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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Hi, My mother is 81 and since my father died circa 3 years

Resolved Question:

Hi, My mother is 81 and since my father died circa 3 years ago my brother BDS LLB is, I believe, her power of attorney. My late father told him to look after my mother's affairs which I am happy with and we both share looking after her day to day needs as she is still fully independent and living in her own home. I know she has a will and her estate which is of a rel small value (max 200k) is to be shared equally amongst 3 of us (we have a sister in the US) Unfortunately I do not speak with my brother and I would like to gain access to her will , also i am concerned she is showing minor, early signs of age related dementia although sub clinical at minute. How do I preveny or ensure fair play if she is to deteriorate through time as it saddens me to say but I do not trust my brother compounded by his knowledge of the law although he doesn't practise as works in his first profession. can you advise me of the steps I have to take to ensure full transparency in this matter. diana BDS


 


 I am unaware if he is a welfare attorney or other . will the property be shared equally as in will or will he have power to change a will??

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Your brother may have some knowledge of the law from an academic perspective but if he has never practised law his knowledge is limited and you shouldn't consider yourself to be at a disadvantage.

Bullet points:

1. An attorney can't change a will.

2. If he persuades your mother to change her will, that would be challengeable on the basis that he is a person of influence and she may be susceptible to suggestion,

3. Technically your brother has nothing to do with the will unless and until he takes up office of executor after your mother's death. It would be very unusual for any will to say anything other than the estate is to be divided three ways.

4. You are not entitled to see your mother's will unless your mother lets you see it.

5. If you are concerned about anything your brother does, you can speak to the Office of the Public Guardian if he holds power of attorney.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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