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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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a cousin who does not have a mental capacity to make a will

Customer Question

I have a cousin who does not have the mental capacity to make a will. Susan"s parents died some years ago, and Susan has been under the care of different organisation. A firm of Solicitors have been overseeing her estate and one has been made her Deputy, ruled by the court. Susan" s estate through her Deputy bought a house, for her to live in with a male friend, who is a face she can relate to, having the same mental capacity and shared different homes for mentally handicapped persons in the past. Susan's friend David also has a Solicitor Deputy, who is also in the same firm of Solicitors.  My two brothers and myself are the only remaining family and the Deputy has written, because we her cousins have not been in contact for many years should not be beneficiaries in her will. This will is in the process of going to court for approval. I was not invited to help make the will but guess the Solicitors are dotting the I"s and crossing the t"s to stop me or anyone else contesting the will as they have written it. Please would you comment, is it legal for two Solicitors- Deputies to be in the same firm, conflict of information etc.

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What contact have you actually had with your cousin?