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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16418
Experience:  I have been practising for 30 years.
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Could I ask a question regarding a Will, I'm near Nottingham

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Hi Could I ask a question regarding a Will
JA: Where are you? It matters because laws vary by location.
Customer: I'm near Nottingham uk
JA: What steps have you taken so far?
Customer: My Dad has Alzheimer's diagnosed my a Consultant . My half sister not his daughter has taken over everything and is now trying to get my Dad to change his Will. Surely this cannot be done as he has lost Capasity . I expect the Power of Attorney through in 3 weeks it is delayed because of the Virus
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My sister states she was adopted by my Dad but I have no proof . I'm legally hi next of kin his blood relative. What would have happened in the 60s for an adoption to take place

Good afternoon. I will assist with your question - be aware this is an email not chat service.

so your father made a will years ago - do you know who the beneficiary/ies are?

and how is she trying to get it changed?

Customer: replied 1 month ago.
My sister and myself , my mum died 11 years ago . She put her half of the house in to mine and my sisters names.
So the Will is my Dads and he owns the other half of the house plus money in his accounts
Customer: replied 1 month ago.
Did you get my reply
Customer: replied 1 month ago.
Hello

You are correct, if your father does not have the mental capacity to know the nature and quality of his actions, then he cannot do another will.

You can’t do one under a Power of Attorney either.

Your system was adopted by your father, and she wants a claim on his estate as a beneficiary she is going to have to come up with some proof that she was adopted.

There would be a certificate of adoption which is a very valuable document very similar to a birth certificate. If she has lost it, she can get a copy but nonetheless, if she is going to maintain that, she’s going to have to produce the document.

If the house is in half your name and half of your “adopted” sisters name, it doesn’t matter whether she has been legally adopted or not in respect of the house but it may do in respect of any other bequests to daughters under the terms of his will. If she has been adopted, she is treated as a natural child.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

F E Smith and 5 other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you very much it does answer questions .
How do I find out if my Sister was adopted, as if it comes to that she isnt I am my Dads next of kin.
She states she has a birth certificate showing she is adopted. I would think a Birth Certificate is a Birth Certificate and cant be altered to show adoption.
My sister found her original Birth Certificate when she was 12 and found out Dad wasnt her real Dad.
Her real Dad was my Mum first husband . This would have been around 1968.
I dont believe she was adopted as I know her real Dad had tried to see her and my Dad had stopped him .
We weren't allowed to mention it.
Surely he would have to give permission and at the age of 12 would my Sister had to go to Court .
I need to know if she is adopted
Thx Karen
Customer: replied 1 month ago.
How do I find out regarding adoption

The amount of information that you can get on adoptions is very limited if you are not a parent or adopted child.

https://www.gov.uk/adoption-records/the-adoption-contact-register

you can get a copy of the birth certificate and challenge her with that and ask to prove that she was legally adopted.

https://www.gov.uk/order-copy-birth-death-marriage-certificate