Body & Soul2 mins ago
Can I Change or Contest Someone Else's Will?
3 Answers
My elderly relative broke with the rest of the family about 20 years ago. I have been the only family member who has had any real contact in that time. Over the last 10 years I have visited regularly - and for the last 5 years I have introduced social workers to his situation and organised carers, and cleaners, etc.
I am considered as his next of kin by all professional care services, including doctors, etc. He released power of attorney papers to me when he began experienceing difficulties handling his own affairs.
Two years ago he wrote a will to reflect this relationship. He made me the main recipient of the will and sole executor. I saw the will and it did indeed name me as main recipient and sole executor. He explained to me at the time that he wanted to reward me for all I had done for him over the years - and he recognised that more would be expected from me in the coming years.
Less than a year ago my relative's health deteriorated - his memory became unreliable and at times he acted suspicious and paranoid.
During one of these periods he aattempted to purchase some expensive items which he did not need ~(and had no use for him) and I obstructed this attempt which offended him. During the same time period a cousin made contact, causing my elderly relative to reconsider his earlier will and change it so I was no longer the sole executor or main beneficiary.
Before this will was created I had no aspirations in regard of my relative's property - but following his explanation to me, his justification and promise made during a time when he was fully mentally aware and rational - I felt it was his real desire.
Since the new will has been made follwiing a real deterioration in his mental faculties I do not believe it is a true reflection of what he wanted. Soon a year will have passed since that change and I remain the sole visitor and first point of contact for all the
I am considered as his next of kin by all professional care services, including doctors, etc. He released power of attorney papers to me when he began experienceing difficulties handling his own affairs.
Two years ago he wrote a will to reflect this relationship. He made me the main recipient of the will and sole executor. I saw the will and it did indeed name me as main recipient and sole executor. He explained to me at the time that he wanted to reward me for all I had done for him over the years - and he recognised that more would be expected from me in the coming years.
Less than a year ago my relative's health deteriorated - his memory became unreliable and at times he acted suspicious and paranoid.
During one of these periods he aattempted to purchase some expensive items which he did not need ~(and had no use for him) and I obstructed this attempt which offended him. During the same time period a cousin made contact, causing my elderly relative to reconsider his earlier will and change it so I was no longer the sole executor or main beneficiary.
Before this will was created I had no aspirations in regard of my relative's property - but following his explanation to me, his justification and promise made during a time when he was fully mentally aware and rational - I felt it was his real desire.
Since the new will has been made follwiing a real deterioration in his mental faculties I do not believe it is a true reflection of what he wanted. Soon a year will have passed since that change and I remain the sole visitor and first point of contact for all the
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(QUESTION CONTINUED)
- It seems there is a word limit, so here is the remainder of the question:
...Since the new will has been made follwiing a real deterioration in his mental faculties I do not believe it is a true reflection of what he wanted. Soon a year will have passed since that change and I remain the sole visitor and first point of contact for all the care services, etc - which was my elderly relatives justification for rewarding me.
I understand, from talking to solicitors, that the ability to make a will is assessed differently to the ability to conduct one's own affairs - so my relative was able to amend the will, according to the solicitors.
Do I have any course of action open to me in order to reinstate the earlier will?
- It seems there is a word limit, so here is the remainder of the question:
...Since the new will has been made follwiing a real deterioration in his mental faculties I do not believe it is a true reflection of what he wanted. Soon a year will have passed since that change and I remain the sole visitor and first point of contact for all the care services, etc - which was my elderly relatives justification for rewarding me.
I understand, from talking to solicitors, that the ability to make a will is assessed differently to the ability to conduct one's own affairs - so my relative was able to amend the will, according to the solicitors.
Do I have any course of action open to me in order to reinstate the earlier will?
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