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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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My father in law just passed away. My mother was definitely

Customer Question

My father in law just passed away. My mother was definitely mentioned in his will.
What can I do to get a copy of the will?
How can I be sure that his estate is being managed correctly?
I am her legal and health POA as she is now in a dementia care home.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this question for you.
In order to do so I need a little more information. When did your father in law die? I am a little confused as to why your mother would be mentioned in your father in law's will? Do you have any idea what he may have intended to give to your mother? Who are the executors?
I will be very busy for most of today at court but will get back to you this eveing at the latest.
Customer: replied 2 years ago.
The executor is his daughter who has confirmed that my Mother is mentioned.
She is his POA and has been managing his finances for approx twelve months when he was in a care home.
I believe that as my Mothers POA I am entitled to a copy and wish to confirm what she is entitled to and if the will was changed since she has been acting as POA and may have influenced him to be less generous to my mother?
Expert:  LondonlawyerJ replied 2 years ago.
Thankyou I will answer later when I am less busy.
Expert:  LondonlawyerJ replied 2 years ago.
As you have a POA you can act on your mother's behalf. You should write to the executor or their solicitor and explain that as you understand your mother is a beneficiary you would like site of the will.
You do not have the right to insist on seeing the will. However once the will is proved it will be a public document and can be viewed at the probate registry. If the will has not been properly honoured you can then take action against the executor.
Customer: replied 2 years ago.
I have now been advised that in the past twelve months the will was changed to favour his daughter the executor and his POA.
He was in a care facility at the time and able to be influenced very much by his daughter so she has taken advantage of this to my mothers disadvantage.
Only the previous will dated prior to June 2014 would mention my mother.
Is there any action that can be taken for her taking advantage of her POA position in this way?
Expert:  LondonlawyerJ replied 2 years ago.
OK if there is a doubt about the capacity of the deceased to make a will it may well be possible to challenge the new will. You should see a solicitor about this as the law is very complex. Most lawyers will see you for an initial interview without charging. Follow this link for the Law Society's find a solicitor service to find an appropriate lawyer new you.
Customer: replied 2 years ago.
Do I have a legal right to see the previous will or Wills that existed prior to the latest one that was created less than 12 months prior to him passing away?
As mentioned I am POA for my mother.
Expert:  LondonlawyerJ replied 2 years ago.
Not as a free standing right no. But if you threaten proceedings it would be very unliikely that you would n't be able to see it. It you started proceedings then you would be able to see any will that existed.
If a new will has been made then the old one may have been destroyed.
These are complex and difficult matters but, if you know what the old will left your mother and it is substantial then it might be worth instructing solictors to act for you.