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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1126
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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How can a trustee of a will be able to change it without

Customer Question

How can a trustee of a will be able to change it without informing the other trustee, bearing in mind the mother is not yet deceased?
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: The will is with a Hampshire solicitors, and the trustee that changed it lives in Kent
JA: What documents or supporting evidence do you have?
Customer: We have a copy of the original will and we recently found another document with the changes that we didnt know anything about. The person who the will refers to is now in a home for care which we have looked after her 24/7 for the last six years as she wanted us to move into the property and she has the annex. This was purchased by her.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Exactly that, my husband, her son is a trustee and his sister. the first will stated we could live here after her death until we want to sell and then give
Submitted: 7 months ago.
Category: Law
Expert:  Aston Lawyer replied 7 months ago.

Hi, thanks for your enquiry. Only the person who made the Will can then change it. No Trustee/Executor of a Will can change it themselves. I take it that the second document you have found has been signed by Mother and has it been witnessed by 2 people?

Kind Regards Al

Customer: replied 7 months ago.
Yep but have w can a pe son f trust can cajole someone into changing it with out us knowing.....cohesion spreads in my mind!
Expert:  Ross Miller replied 7 months ago.

Hi there I am happy to deal with this matter. A trustee cannot change the will, as stated above on the person whom the will belongs to can change it. Therefore if the second document is not signed by the mother then it has no legal relevance. Secondly, from what you are saying it sounds like your husband's mother does not have full capacity. You need to check the date on which the second Will was singed. If you believe the mother did not have capacity at the time the will was singed then you need to instruct a solicitor to make an application to the court to contest the new Will. You may require to show that the mother did not have capacity at the time of signing, this shouldn't be very difficult to do given that there is likely to be extensive medical records in relation to her dementia. If you can show this then you can have the second will rendered invalid and the first Will which was signed when the mother was of sound mind shall be the only Will which holds any legal weight. I would act on this as soon as you get the opportunity. I hope this helps in this matter.

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