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Clare, Solicitor
Category: Law
Satisfied Customers: 35059
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Mum moved to Spain in July 2007 with my step father and

Customer Question

Hi My Mum moved to Spain in July 2007 with my step father and at that time according to the MMSE scoring she was in the moderate to severe stages of dementia.
They sold their house in the UK and before they left my step father tricked my Mum into signing a will leaving everything to their son.
This was not her wishes when she had mental capacity, Mum always said that all her children would get an equal share of their estate.
They purchased a villa in Spain and once again trickery was used as one third of the villa was put in my brothers name even though he had not contributed to the cost of the villa.
My step father died in August 2010 and his third share of the villa was transferred to my Mum.
My Mum returned to the UK and was placed in care.
I have asked to have use of the villa as I have been told it is empty but my brother has not had the courtesy to reply to my request.
If my Mum had mental capacity I know that she would have wanted all her children to have use of the villa.
Could you please advise me where I stand legally as Mum does own the major share.
For your info I have applied to the Court of Protection to overturn the will.
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
Have you been appointed as your mother's Deputy?
Customer: replied 2 years ago.

Hi no I havent been appointed but I have applied


Expert:  Clare replied 2 years ago.
I am afraid that until you are indeed your mother's deputy there is no action that you can take concerning the property in Spain.
Indeed even when you are you have no right to visit or stay in the property - unless you are escorting your mother on a visit.
In terms of what should happen with the Spanish property you will need to speak to a Spanish Attorney to see if you can force the sale so that the funds can be used for your mother's welfare
Please ask if you need further details