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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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Continuing on from my last message I have received a copy of

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Continuing on from my last message I have received a copy of my fathers Will from his Executrix. She started off by handwriting at the top that this Will written in 2016 replaced one that was written in 2012 that he said had been opened and re-sealed (followed by a question mark) As far as i know my father, the Executrix/POA and myself were the only people with the code for the safe. I had noticed the Will in there once but never touched it. I would never open someones sealed private document. She obviously thinks it was me. In 2012 my father was of pretty sound mind. By 2016 he was suffering from Parkinson's dementia and was heavily medicated. He was also suffering a bit from paranoia, especially regarding me, which I have heard is very common with Parkinson's dementia. I was totally devoted to him.
I am now wondering if she opened the Will, blamed it on me, which caused my father to say he did not trust me ands managed to get him to write a new Will. I notice the amount she was left by him was crossed out by hand and increased by 40,000 pounds although it does seem to be initialed by my father and two other signees ( a family friend and the solicitor).I have requested to stay in the house for the summer to protect my fathers house from vandals etc. and she is not making it easy. Is pushing me to finalize very fast, I think hoping I will change my mind. Need to sort things out, there is much at stake, expensive flights, time off work, what will her attitude be etc. etc.She gets to keep her inherited industrial building and gifted money tax free and all the death duties and taxes and tax free gifts to others will come out of his house and remaining estate. I will get what is left over. She inherits it if i die first. She will be responsible for all my fathers possessions and selling of the home. She has the power to invest the funds with full freedom. (I am still shocked to find out how much Power she has and only child devoted blood relative has none, but i am slowly adjusting to it)One part in the Will. I did not understand is regarding chattels etc. that "executor to distribute the same in accordance with any written memorandum or note that may come to the attention of my trustee within one month of the date of my death" Does this imply that if I wished to keep anything of my fathers I had to submit a request within one month of his death? As he died in late March and I have only just been shown the Will this does not help me now. There are items that I would like to keep. Will this now be a problem?I can send the Will for you to see if you think it might be a good idea although I feel a little uncomfortable doing so as it contains names etc.. I would appreciate your thoughts on things so far.

I apologise to keeping you waiting.

I have answered your response on the previous thread.

Unfortunately, for some reason (sorted now) I couldn’t open the previous question to see what it was about and we don’t search by usernames so I didn’t know who you were.

Admin resolved the issue for me.

There would be no need for her to write the top of the will that this replaced the previous wilful 2012.

The will itself should state that it revokes previous wills otherwise the will is defective.

If he was heavily medicated in 2016, he may not have had mental capacity to do the will in terms he did (seems strange that he changed the provisions only four years apart).

She may indeed have suggested that something was all your fault and got him to change his will but you are going to need proof of that (on the balance of probabilities) because suspicion is not sufficient for court purposes.

If the amendment has not being signed it is defective and not acceptable and it’s highly likely that the Probate Registry would simply find this defective because it’s such a substantial change. Changes in wills like this, done by hand, are normally limited to spelling mistakes, correction of addresses and things like that, not fundamental changes.

If she has done this, this is potentially fraud.

I think it would be a good idea if you could let me see the will because I would like to see what the changes look like. Thank you

F E Smith and other Law Specialists are ready to help you
Customer: replied 6 months ago.
No, writing that at the top seemed odd to me and very pointed.
The Will does not say anywhere else that it revokes previous Will unless there is a cover page I am not seeing.
I can see that he may have increased the amount to her as she was one of his carers and his needs were becoming greater in that time. I actually do not begrudge her what he has left her. She deserves it but I do not like the way things have been set up or how she carries out her duties.
I just noticed that in the last few years of my care his attitude became less loving to me and he seemed not to trust me but this could have been the illness/medication. I agree very hard to prove.
I must say, I was surprised that such an important change was done with initials and not worthy of re-writing properly. It is starting to look as if I should get back to the UK and get some representation.
I do understand that not all children/parents get on and Executor of the Wills are there to make smooth, unbiased
representation of the deceased person but as she is such a large beneficiary too and my father and I had a good relationship and I was one of his primary carers this all feels very harsh. Who checks that she is trustworthy and does everything by the book? Will send Will separately. Thank you.

The will would normally start, “this is the last will et cetera of me NAME of ADDRESS.

I revoke all previous wills and testamentary dispositions”

or words to that effect.

Are you able to attach the will?

Hope checks the will? Well if you notice anything suspicious, the new raised the issue but in the Probate Registry don’t like it because it’s defective, they will refuse to grant probate on the will or if only parts of it are defective (potentially the £40,000) if everything else is okay, they would allow it but not that part. They would more usually disallow the whole thing

Customer: replied 6 months ago.
Sorry, I cannot understand all of your message but no, it does not say "I revoke etc." only "This is the last Will etc etc" I am nervous of sending the will as I have not met you face to face. I know you are trying to help.....
Customer: replied 6 months ago.
Sorry I forgot to add your stars

If you want a face-to-face lawyer, you may find one whenever you are who knows about English law or you will have to find one in the UK. Bearing in mind that they will charge you £200 per hour for looking this unless you can get half an hour free which is extremely rare nowadays.

If you prefer to email it, I can give you an email address of the website and it will then be forwarded to me.

Until I see the will, I probably can’t tell you much more but it sounds to me, from what you have said, that it is majorly defective.

Customer: replied 6 months ago.
please, do send me an e-mail address.