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Advice on Husband having his mothers will changed?

  • Pink Flamingo
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04 Jun 12 #334984 by Pink Flamingo
Topic started by Pink Flamingo
In the early process of divorce, which he started. My mother in law who i am very close too and was part of my large family for years made a will of her own accord 7 years ago, which I have a copy of, as well as I am sure she gave both of us power of attorney over her affairs, although I never acted on it, and left her house to both of us. She is 90 and was formally diagnosed with dementia around 5 years ago. her long term memory is relatively in tact but short term she cannot remember what she had for breakfast etc. I left because of his adultery several months ago and have just found out that he got a solicitor up to coerce her to change her will leaving everything to him.She does not go out on her own and only to a day centre by transport. I know he has also been spending her money on himself. I wondered if anyone had any views on it???.or advice of what could be done???.

  • NoWhereToTurnl
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04 Jun 12 #334995 by NoWhereToTurnl
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Does he have Power of attorney? If not, he should not be able to engage a solicitor to change the will. If it is his mothers solicitor who has done this and he has PoA then its a serious matter. If you have joint PoA then you should have been involved in the process.
Make sure your copy of the will is safe and contact the firm of solicitors who dealt with it. I would insist on speaking to the senior partner.

  • pixy
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04 Jun 12 #334999 by pixy
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There are two issues here.

First: is she competent to make a will? When I was trying to sort out a power of attorney in a similar situation the gp refused to declare the person competent. Has a doctor been involved?

Second and more importantly you are simply talking about a potential inheritance. A demented 90 year old may last several more years and the potential inheritance could be swallowed up in care fees. I don''t think it is going to be considered by a judge.

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04 Jun 12 #335043 by Pink Flamingo
Reply from Pink Flamingo
Thanks

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