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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35044
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My grandfather was hospitalised last October with dementia

and early onset Alzheimer's. He... Show More
and early onset Alzheimer's. He was 88 my grandmother 91 they had been married 60 years. My uncle (from my grandfather's first Marraige), that had had no real contact with my grandfather for the previous 12 months then visited my grandfather twice a day for the majority of the his visiting hours. During this time the family discovered that my grandfather had made my uncle power of attorney and, we believe, changed his will. From what he had written the previous year. My uncle then banned my grandmother's side of his family visiting him and then ceased contact with my grandmother. I utilised the office of public guardian and social services to over rule him where I felt my uncle was making decisions that were not in my grandfather's best interest. My grandmother is now in a care home and following legal advice had began divorce proceedings to protect herself financially, as well as the inheritance my grandfather had listed in his previous will toward my mother.
My grandfather died 2 days ago, my uncle has power of attorney, my grandmother is his widow. If my grandfather has made a will, on his hospital bed, that I believe is under duress, where does my grandmother stand toward any entitlement due to being his spouse? My grandfather after their 60 years together has amassed somewhere near £1,000,000, my nan has £18,000. Surely there must be something that says my grandmother is entitled to 50%. Also his wished were to be buried with his daughter, as per his previous will. This I believe is also not happening. Can I find if a will has been redone? Can I stop it and ensure he has the burial he wants? Can I prevent my uncle from becoming sole benefactor of an estate that my grandfather, when of sound mind, had other plans for?
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Thank you for your question.
My name is ***** ***** I am sorry for your loss
I will do my best to help you but I need some further information first.
Do you know who previously held your grand father's Will?
Customer reply replied 3 years ago.
I have a draught copy and the solicitors name if that is what you mean???
Who is named as Executor?
Customer reply replied 3 years ago.
My grandfather had made his accountant his executor and orchestrated her to be paid from his estate in his 2012 will. Anything after that I don't know. My uncle isolated him from all of us. We believe he was executor as well as litigation friend, although he stepped down as litigation friend as a court date for divorce neared. My uncle doesn't believe he has any reason to give us any information because he is his 1st born and blood. My Grandmothers 60 year marriage and anything connected means nothing. He is totally motivated by money. Since using the Office of Public Guardian to over rule him, he became threatening, I reported that to the police and now we have no contact at all.
Why do you believe that a new Will has been prepared?
What was the date of the Power of Attorney?
Customer reply replied 3 years ago.
My Grandmother was told so by my grandfathers friend that is the assistant to the power of attorney. When asked by my grandmother if it was correct my uncle told her it was nothing to do with Her. He became power of attorney fully at some point in February. After the application was made around October 2013. My uncle also has the death certificate. Surely my grandmother has some rights before a will is acted upon. My grandfather hoarded all the money and my grandmother had to scrape to make ends meet with very little support from him. 50% surely is hers despite a will
Unless there is indeed a Will naming your Uncle as Executor he has no rights now that your Grand father has died.
It is your grandmother who is entitled to deal with the funeral arrangements unless and until there is evidence that your Uncle has in fact been appointed as Executor.
If he has from what you say the Will could be challenged on the basis that your grandfather did not have mental capacity at the time.
So far as the actual inheritance is concerned if he has failed to make adequate provision for his widow then she can make an application to the court under the Inheritance (Provision for Family and Dependants)Act - she is likely to receive at least 50% of his estate
I hope that this is of assistance - please ask if you need further details