Body & Soul11 mins ago
Mothers rights.
3 Answers
My Father has recently died following a battle with cancer.
My mother aged 69 has just found out that My sistor has Enduring Power Of Atorney and that My Father has made out a will signed and dated on the same day that the Atorney application was made.
Where does this leave mum legaly if she is not named as a benificary in the will.
Thankyou.
My mother aged 69 has just found out that My sistor has Enduring Power Of Atorney and that My Father has made out a will signed and dated on the same day that the Atorney application was made.
Where does this leave mum legaly if she is not named as a benificary in the will.
Thankyou.
Answers
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I think your mother should consult a solicitor if she feels your sister used undue influence to get your father to write the Will in a certain way. it would depend on what powers the Power of Attorney permitted as there are different levels of power which can be granted. I believe that if there are genuine doubts about the validity of the Will your mother could put a Caveat on it to prevent it going forward for probate, but this would have to be done very quickly. She may still have some financial rights, i.e. possibly receiving 50% of any occupational pension your father might have had, or a share of the house if it was in joint names.
I thought that if a married person died then everything automatically belongs to the wife, and you don't say that your sister is a beneficiary, i know executors can be, and any children should be given an equal share anyway, and if not the will can be contested. Your mother should be entitled to the marital home for her life anyway, especially if they hadve had a joint mortage on it, cos with his death the morgage shgould be poaid off if any was still owing
If the EPA and will were properly drawn up by a professional, it is likely that they properly assessed your father's mental health but it may well be worth investigating. I would urge your mother to seek immediate independant legal advice though. At the worst she has a right to claim under the Inheritance (Provision for Family and Dependants) Act 1975 as a spouse for reasonable provision (but at the spouse standard - ie other than what was required for her maintenance). I would not however advise that she claims that your sister procured the will under undue influence unless she has extremely strong evidence, since she will have to prove this and the standard of proof is high. Seek legal advice ASAP(time limits apply). It may be that your mum has been named and everything is OK, is it worth asking your sister first?
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