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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 3034
Experience:  Dual qualified Solicitor and Attorney
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My aunt Satvinder, who has now sadly passed away asked me

Customer Question

My aunt Satvinder, who has now sadly passed away asked me and her younger brother; Marn to get her a Solicitor so she could make her Will whilst she was seriously ill in hospital.Aunt Satvinder was my Mum’s younger brothers wife. His/my Mum’s younger brothers name is Kanwal.My uncle Kanwal did not want my aunt Satvinder to make a Will as in the absence of her making her Will he would inherit her share of the estate. They have no children.Upon my aunt Satvinder’s request I contacted a local firm of Solicitors in Nottingham called; Actons. The Will solicitor is called Cara. I explained the situation and she agreed to visit the hospital to make my Aunts Will. I did mention to Cara at that time that her husband would be hostile to his wife making a Will.My aunts hospital doctor certified her capacity on the day and in advance of Cara taking her Will instructions. The hospital also contacted uncle Kanwal on the day to make him aware that his wife was making her Will in hospital. After giving her wishes to Cara, my aunt said she wanted to sign her Will once she was discharged from hospital at home in front of her husband; Kanwal.A few weeks later Aunt Satvinder was discharged home and her younger brother; Marn arranged for Cara and a 2nd Solicitors from Actons to come to the house to get aunt Satvinder to sign her Will. Marn and myself met with Cara in advance to give her directions to the house etc. Aunt Satvinder signed her Will at home in front of 2 Solicitors and her husband; Kanwal.I did not mention to uncle Kanwal that I had in fact arranged the Will to be taken at the hospital. I was just doing what aunt Satvinder asked me/her younger brother to do. All I told him was that aunt Satvinder had instructed a solicitor to make her Will.As it is a sizeable estate, uncle Kanwal will be starting litigation to try and get his deceased wife’s Will overturned, probably on the grounds that she did not have capacity.The beneficiaries of the Will are my deceased aunts younger brother and her 3 sisters. I am not a beneficiary.Cara has now advised uncle Kanwal’s Solicitors that I was present along with uncle Marn prior to the two occasions; where Cara took my aunts wishes in hospital and gained her signature at home.My question/worry is that my uncle Kanwal will litigate against me for not informing him at the time that I had followed my aunts request to find her a Wills solicitor and arranged the hospital visit and doctor to certify her capacity. I also did not tell him that I had met Cara in advance of her coming to the house to get the Will signed.Uncle Kanwal has now been made aware by Cara and his own Solicitors of my actions.
Submitted: 14 days ago.
Category: Property Law
Customer: replied 14 days ago.
Any response?
Customer: replied 14 days ago.
Been waiting a good while?
Expert:  Virtual-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Jeremy Aldermartin replied 14 days ago.

Hi thank you for your message, regarding the capacity point it seems unlikely any attempt to overturn the will on that basis will fail. Regarding the litigation against you for not disclosing to Kanwal about the will being made you had no duty to disclose that and therefore any purported action on that basis should fail. 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.