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jaycee401 | 22:17 Sun 08th Dec 2013 | Law
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Just an update on my last post re will contest:
Received a letter from sons solici basically they are going for undue influence and coercion. They say they have obtained medical records which tell them the deceased was not a well man prior to signing the will, he was on strong drugs whose sides effects include confusion, disorientation and mood swings, and the will solicitor should have sought a doctors opinion before writing the will. The LvN statement does not appear to be correct and that both me and my husband were in the room when the will was signed by the deceased! Utter rubbish!!! No file notes by the solicitor of the execution of the time of writing the will. They also go on about a cash sum of money the deceased gave as a gift to my husband (they have this wrong as they keep saying the cheque was made out to me). They believe we influenced him and want a copy of the cheque. They state the presumption of undue influence arises as a relationship of trust and confidence that existed between my husband and the deceased at time of transfer. They say my husband was subject to a police investigation regarding his conduct in relation to the cremation and that he never knew of his fathers death until weeks after his father had died! He knew on the day as the nursing home told him!! Yes we never told him when the cremation was as the deceased wishes were no one was to know so no trouble would kick off, even WE did not know!!
They also go on about dad in laws car whilst he was in nursing home that we asked him twice to transfer the car to us and this was rejected twice until eventually he did!
The private pension has gone direct to mum in law when part of it should have gone to the son. This we know nothing about. All my husband did was advice the company of his death and they took it from there. Yes MIL is receiving his pension.
Their client has now been advised to seek to commence a claim to challenge the last will and reinstate the old one. In order to avoid issuing proceedings we are to return half the gifted money, we can keep the other half and our legal costs can come out of the estate!
They are saying a major difference between the 2 wills – WHICH I agree!
They are stating dad in law received no legal advice regarding the cash transfer, total rubbish as he asked the solicitor if he could do this. The sum was for £50k and they are saying this is a sizeable part of the estate.

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cont'd ....They go on to say around this time he was given 3 weeks to live, yes he was and then 3 days, all diagnosed by a locum after a fall. He last a further 10 months!

He did suffer a fall around late September 2012 and was admitted to hospital he went to a nursing home to live around October 2012, where he remained until he died.



When the solicitor came to undertake the will, dad in law asked my husband to contact his son and asked him to go and see him, before the will was executed, and the solicitor said I will ring you in a week and see if you have managed to make contact. Eventually nearly a week later my husband got hold of him and had a long telephone conversation (about an hour) explaining what was up with his dad and saying his dad wants him to go and see him and he was in the process of making a new will. He refused point blank saying too much water has gone under the bridge. In the meantime dad in law asked the solicitor to give him a few more days before coming back just in case the son made contact. He never did.
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First will dated around 1990



Last will dated 30 July 2012



Died June 2013



Facts: Father in law was diagnosed with cancer around June 2011



Cash transfer around 5 August 2012



Because the son made a complaint to the crematorium the police had to get involved as it was deemed as suspicious. The undertaker had a visit from the police asking the circumstances of the cremation, when he explained whats what to the police they left saying everything was in order, this took less than 30 seconds! They never came to see my husband!



My main concern is the gifted money he gave us as dad in law asked me to write the cheque but he signed it. As I previously said, he did ask the solicitor if it was ok for him to make this gift.

I have just come across a doctors letter dated Jan 2013 regarding the LPA for my husband. The doctor states, having reviewed the patient today regarding concerns from the family that the point has been reached for the LPA to be put in force.The patient is aware of the arrangements and is supportive in their implementation.
This has all rollerballed because the son is getting wrong information from my husbands brothers wife. This brother hated the deceased and vice versa he would have nothing to do with him, on the rare occasion he went in the house he completely blanked him, when dad in law was in the nursing home he and his wife got hold of his bank card, pin number was kept with it in his wallet. They robbed over five grand over a period of time. We discovered this when we got the quarter bank statement as hubby had POA by then. My husband demanded they put it back or he would go to the police, they had opened a separate account, at the same bank, so it was drawn then deposited straight after. Since then the wife went to dad in laws son and filled his head with lies. This is where he is getting all this wrong information from. I bet she never mentioned this to the son!
Also in the solicitor letter it states about the transfer of gift money showing on the bank statement. How the hell did they get hold of DIL's bank statement, did they rifle through his drawers or intercept his mail???
Original post http://www.theanswerbank.co.uk/Law/Question1287974.html
Far too complicated for me to follow , I hope your solicitor is 'on the ball'.
I agree with Eddie. There are several members on here who are qualified to advise on cases like this, and one may be able to plough through the previous thread and this one and pick out the key points and then advise you. Do you have a solicitor because it sounds to me as if one may be helpful in this case
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Thanks, yes we have a solicitor, it was he who forward the letters on to us, we cant get hold of him now until Wednesday, but will make an appointment to go in and see him. All the accusations we have been hit with we have answers for. We also have some solid witnesses. TBH we want it to go to court rather than costly letters getting us nowhere.
Jaycee - sorry you are having such a depressing time.

I am not sure we can give any sensible advice quite honestly rather than just say I hope it goes OK - You have a lawyer on the job - he will I am afraid be rubbing his hands at the prospect of a warring family and litigation over wills.

It boils down to - they say he couldnt execute a will
and you say he can/could

and at the end of your day in court - the Judge decides
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Thanks Peter

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