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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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My friend is in prison after spending money belonging to her

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My friend is in prison after spending money belonging to her godmother. The godmother gave consent for her and her husband to spend money paying off their debts and altering their house to accommodate her. Unfortunately she had a fall and went into a home. She now had dementia and couldn't testify that their version of events was true, despite the fact she had told a number of us that this was the case.

She is the main beneficiary of the godmother's will. When anything happens to her my friend would inherit her house and money anyway.

My friend changed solicitors part way into the case as they weren't really helping. This same solicitor has power of attorney for the aunt's will. He is now threatening to take her to court to stop her inheriting when the aunt dies. Unfortunately my friend will have no money when she finishes her sentence in August as everything she has has been seized as proceeds of crime. Is there any way she can fight this over the will?

Buachaill :

1. At the outset, just because there has been some element of dishonesty in relation to your friend and her godmother's estate, this does not mean that an application to prevent her succeeding under the will can succeed. Dishonesty in relation to her godmother's estate does not automatically disqualify her from inheriting in accordance with the terms of the will. So she should certainly fight any application by the solicitor who holds power of attorney in relation to her godmother or in relation to her godmother's will. A court will look at the entire situation and see who are the potential relatives of her godmother. If the godmother was aware and of sound mind when she made the will, this does not mean that a court will now overturn that decision made by her.

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