How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 2239
Experience:  Dual qualified Solicitor and Attorney
65242892
Type Your Law Question Here...
Jeremy Aldermartin is online now

Assistant: How can I help? my mother in law has been given a

This answer was rated:

Hi,
Assistant: Hello. How can I help?
Customer: my mother in law has been given a few days to live .
Assistant: Where is your mother-in-law? It matters because laws vary by location.
Customer: 3 months ago she made a will in my husbands favour . We have now come up to Yorkshire yo see her and discover that :
Assistant: What steps has your mother-in-law taken so far?
Customer: her bank account is frozen with the nephew and niece only having access
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: my husbands aunt & husband have all her documents and are saying that they get half of her property . We have not seen or are aware of any Will with anything made to them . What can we do ?
Hi thank you for your message, what is your mother in laws physical condition does she have the ability to make a will?
Customer: replied 4 days ago.
My mothe in-law is currently in a nursing home in Chatburn -Lancashire.
She made a will 3-4 months ago -which she had said was done in 2015.
We attended her place with a solicitor who now has her will It appears that whilst she has been in hospital -Lancashire -we live in London-the other family have taken over .
They will not give us any information . They have her documents and are saying she has given half of her property in Spain to them .
Is this legal . My husband and I have been paying all costs /fees for this property for the past 5 years .
The niece and nephew also are listed as the only people that the bank will does to in regards to her account.
She is /appears currently confused .
Customer: replied 4 days ago.
Hi -I thought I was getting a call?
If not -are you able to advise ?
Customer: replied 4 days ago.
I’m confused because I’ve just been billed for the telephone call.

Hi apologies for the delay in replying you have been billed for the call but if you do not get a call you will get the money back. I cannot do a call so shall advise here.

Hi thank you for your message, ultimately if she has capacity then she can will her property to who she wishes however, the main question here therefore would be does she have capacity i.e. the ability to make or have made a new will. In essence, for her to have capacity she would have to understand the extent of her estate and the gifts to which she should give effect. If you wanted to have more control over her care and be in a position to get more information you could look to get power of attorney this could be for financial affairs which would enable you to have access to and control over her bank accounts or health and welfare enabling you to make decisions about her care or you could get both. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 3 days ago.
Thank you.

How would I get power of attorney when she is too frail /ill /confused?

How would we price that she had or did not have mental capacity if she did make another will?

Is power of attorney only given to close relatives or can anyone request for this & what are costs ?
Customer: replied 3 days ago.
Also if the property is in Spain, do different laws apply -ie on the death of a parent property mainly hues to the children instead of the spouse which would mean that when the Dad died -the property would go to the son instead of the wife?
Hi thank you for your message, regarding POA you Would have to go to court and anyone can apply but it is usually family. You may want a solicitor to do this for you, if you do them you find a solicitor using the Law Society find a solicitor search option here: https://solicitors.lawsociety.org.uk. You can search by town or postcode to find one near you, as well as area of law in this case court of protection. If you want to do it yourself the steps are as follows:
You need to download and fill in:
• an application form (COP1) - https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-form-cop1
• an assessment of capacity form (COP3) - https://www.gov.uk/government/publications/make-a-report-on-someones-capacity-to-make-decisions-form-cop3
• a deputy’s declaration (COP4) - https://www.gov.uk/government/publications/apply-to-become-someones-deputy-make-a-declaration-form-cop4
• an information form (COP1A) if you’re applying to be a property and affairs deputy - https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-property-and-finance-form-cop1a
• an information form (COP1B) if you’re applying to be a personal welfare deputy - https://www.gov.uk/government/publications/apply-to-make-decisions-on-someones-behalf-personal-welfare-form-cop1b
You must name at least 3 people in your application who know the person you’re applying to be deputy for. For example, their relatives, a social worker or doctor.
Send the originals to the Court of Protection with:
• 2 copies of your application form
• 1 copy of the other forms
• A cheque for the fees

Send the forms too:

Court of Protection
PO Box 70185
First Avenue House
42-49 High Holborn
London
WC1A 9JA
In terms of proving the lack of capacity for another will this is difficult especially without knowing the details of the will and who witnessed it. You would need strong medical evidence that in essence says your mother in law could at no point have been in the right state of mind to have had capacity to make a new will.
Regarding Spain if there is a will the whole estate could be administered in the uk and it would then be dealt with under UK law. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
Jeremy Aldermartin and 4 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Thank you.
Glad I could help, take care.