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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14120
Experience:  I have been practising for 30 years.
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My father who passed on 21 December 2017,had a mirror will

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My name is***** ,my father who passed on 21 December 2017,had a mirror will with my Mother Mrs Jean Wrench with Pictons ,since 2003,they are now in Luton and Milton Keynes.
Assistant: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Before my Dads funeral on Jan 18,2018,my sister Mrs Yvonne DeMartino decided to change Solicitors with Dominic Mills ,Bedford,I was against this,and my sister took Karen Chase ,Solicitor around my Mothers house and got my Mother to sign paperwork,may I point my Mother suffers from anxiety,Mrs DeMartino handed over all my late fathers and mothers savings book and cash to the Solicitor,and allowed her to go through the house taking pictures.
Assistant: What steps have you taken so far?
Customer: Now i am in an awkward situation as a result of the Solicitor going through the Courts,along with the Social Services and carers(Dial House)Bedford involved,my mothers life has become difficult with the Solicitor making decisions,my Mother has no access to money has the Solicitor has gone though the Courts.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: Mrs DeMartino has since run off to South Wales in March 2018,and cannot contact her the Solicitor and Dial House know my feelings that I am anti everything against them as the Original Will should have stood,and not been changed as the elder sibling didnt agree in respect to those wishes of my parents,as for Karen Chase using the excuse of my relationship with Mrs DeMartino as we dont get along as a poor excuse as the one of Luton being to far to go to Pictons.

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

your mother is still alive?

does she have mental capacity to be able to write a new will?

does your sister have POA for your mother?

if not do you want to get a POA for her finances and welfare?

Customer: replied 13 days ago.
No poa from Mrs DeMartino she declined it wanted to pass it over to me but Mrs Karen Chase ,Dominic Mills advised it go through the Courts she has Poa,which I'm against.
My mother is alive ,and carers and Dominic Mills have undermined my feelings against the Will being changed I consider with what Mrs DeMartino with Carers,Social Services ,Dominic Mills have done as illegal.
Poa should have stayed with Pictons ,and my Mother as executor should have had everything when my father passed on as stated in Will,until she passed,I dont honestly think she has the mental capacity to write a new Will.
Regards John Wrench.

If there is no power-of-attorney, then on what basis is the solicitor actually acting if your mother doesn’t want the solicitor to do anything?

Why doesn’t your mother tell the solicitor to get lost and not trouble her again?

Does your mother have the mental capacity to do that?

Am I missing something here?

Customer: replied 13 days ago.
Because the Solicitor has hold through the Courts of all of her money and savings,I feel my mother has been forced by mrs DeMartino to sign paperwork, I feel she was bullied ,how unprofessional also for a Solicitor to go through a house ,get carers to take pictures and command what my mothers house should have jobs done eg gardening,cleaning.
All i need to know please is advice i cannot afford to make calls.
Regards John Wrench

Don’t worry about the telephone call. It’s optional.

 

I’m afraid none of this makes sense. I need to whether anyone has power of attorney over your mother’s affairs and I still need to know on what basis the solicitor is taking instructions from your sister over your mother’s affairs quite simply because she is not allowed to do that.

It would be unusual in the extreme for a solicitor to simply take your sister’s word for this and do what the sister has asked the solicitors do.

You can make a formal complaint to the solicitor but you actually have no standing to do so because you don’t have any more control over your mother’s affairs in your sister does.

I think there is some information missing here which you may not be aware of.

Customer: replied 14 hours ago.
Why have I had £40 debited from my bank account, as I only wanted the £5 trial as the reason I did not pursue the conversation,I want this cancelled please immediately, and an e.mail to confirm this.
Regards John Wrench.
Customer: replied 13 hours ago.
Could I have an answer please on point above
.Regards John Wrench

 

I can refer this to customer services for you if you have been over charged you would need to use the rating service first to rate the service three stars or better because if I refer it to customer services, the thread will close.

Kind regards

 

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