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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
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My Dad passed away on 06/04/2016. My Mum had a stroke in

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My Dad passed away on 06/04/2016. My Mum had a stroke in 2010 which has left her with the inability to speak cohesive sentences..
My Dad went to see a solicitor to write a will and took Mum along, during the conversation he agreed my Mum was unfit and wrote her out the will in the knowledge that I would take care of her.
Four weeks later my Dad passed away without signing the final will.
Me and my family are now left intestate, and to make matters worse the solicitor is refusing to recognise my Mum as the beneficiary due to the meeting with my Dad.
She wants a Dr to confirm that Mum has capacity, furthermore she arranged for a Dr to visit my Mum but this has taken five weeks and still nothing.
My sister phoned her today and she confirmed she hadn't completed any work regarding the estate and wouldn't do so until my Mothers capacity was sorted out.
My Sister and I both agree Mum has capacity, Dad left her out the will to protect us.
Is this solicitor within her rights to act like this?
Customer: replied 1 year ago.
I forgot to mention my solicitor recommended the Dr who has failed to contact us and refused to accept the letter from my Mum's own GP stating that she had capacity. The letter from my Mum's own GP didn't go into enough detail she said.
Customer: replied 1 year ago.
This isn't a family dispute, we all just want it sorted. But the solicitor we are paying thousands of pounds to seems intent on hindering in every possible way.

You say that during the conversation between your father and the solicitor, he agreed that your mother was unfit and wrote her out the will in the knowledge that you would take care of her. I think you mean that he wrote her out of the will. However, as the will was never executed, it’s academic because under the rules of intestacy your mother would inherit the majority of the estate anyway subject to the intestacy rules.

What the solicitor is doing is refusing to distribute the estate to your mother on the grounds that your mother does not have mental capacity. What you normally need therefore is a letter from your GP or your mother’s specialist or some other medical profession which confirms that she only has a communication and speech problem and not a mental health or understanding problem and that she is fully aware of what’s going on around her and in total control of her faculties. If the solicitor will not accept that letter from your mother’s GP, then I would ask the solicitor who she will accept a letter from. If the letter from the GP didn’t go into enough detail, then it’s easy enough to get one with more detail!

There is no reason why this cannot be sorted relatively easily. However, as this is an intestacy, there is no reason why you should have the solicitor dealing with it just because the solicitor dealt with the will. You could deal with the application for the grant of letters of administration yourself or instruct another firm of solicitors to do it provided the solicitor has not already started the process which you say he has not. Why not just find another solicitor?

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Customer: replied 1 year ago.
How easy is it to change solicitor 12 weeks into the case? I assume I'd be charged 12 weeks pay....
How do i go about it?
Customer: replied 1 year ago.
Does a solicitor have the power to hold back the estate like that?
Customer: replied 1 year ago.
I don't understand why she didn't accept the GP letter, when did a solicitor decide a GP's decision wasn't good enough?
Thus she forced her own Dr onto us who has taken 5 weeks to make contact???? And charging £250 for the visit???