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UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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See last Q. I found out there was a will and I was

Customer Question

Hi I found out there was a will and I was included, but I am not satisified because while in hospice her sister made her do an other will with a solicitor while she was on meds and which eventually the will came in her favour, can something be done regarding
this problem. I think it is illegal to do a will while in hospice Regards
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
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Customer: replied 2 years ago.
I will waite for your answer and if so what shall I do about this matter?
Expert:  Nicola-mod replied 2 years ago.
We will continue to look for a Professional to assist you.
Thank you for your patience,
Expert:  UKSolicitorJA replied 2 years ago.
It is not illegal to make a Will in a hospital.
In fact, many people make or change their Wills on their deathbeds.
The issue here is whether or not the person who made the Will had the mental capacity to enter freely into a Will or to change it freely.
A person making a Will must have the mental capacity to do so. If this fact is challenged a court would need to decide whether such mental capacity was present at the time the Will was signed and would do so by considering whether the person making the Will understood :-
(i) that he or she was making a Will which would only become affective on their death and that the Will could be changed at any time before death as long as the person making the Will retained mental capacity to do so;
(ii) the effect of making the Will including the purpose of appointing Executors and who they are, why any earlier Will might be being replaced and that the size, nature and value of his or her property may change between the date of making the Will and death;
(iii) the extent of the property which is being disposed of and the fact that, for example, jointly owned property may not form part of the Estate but may automatically pass on death to the other joint owner;
(iv) the individuals that he or she ought to consider as benefiting under the Will, for example, children and why certain preferences may have been chosen e.g. a greater share to a child with a disability where there might be less possibility of that child providing for himself or herself.
It must be understood, however, that a person making a Will can act irrationally and even foolishly in deciding who should inherit and the Will may not necessarily be set aside as a consequence.
To make a valid Will an individual must be free to make his or her own decisions although appeals to the affections or ties of close family or a request to be remembered for past services rendered are lawful and the person making the Will may be properly prompted with regard to such matters. By contrast, however, pressure brought to bear in a manner which over powers free will will constitute undue influence.
In order to challenge a Will on the basis of undue influence, actual undue influence must be proven and which involves the need to establish coercion. A recent description by Ward LJ in the Court of Appeal explains how Courts should view such claims :-
“In all cases of undue influence the critical question is whether or not the persuasion or the advice, in other words, the influence, has invaded the free volition of the donor to accept or reject the persuasion or advice or withstand influence. The donor may be led but she must not be driven and her Will must be the offspring of her own volition, not a record of someone else. There is no undue influence unless the donor if she were free and informed could say “this is not my wish but I must do it””.
Undue influence will not be presumed and must be proven by the person alleging it has occurred. Establishing that the facts imply undue influence is insufficient. The facts must be shown to be inconsistent with any other conclusion.
You should contest the Will within 6 months of the date of grant of probate if you decide to contest it.
Hope this helps