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Testementary capacity

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Kaitlinbaby View Drop Down

Joined: 31/October/2017
Location: Australia
Posts: 4
  Quote Kaitlinbaby Quote  Post ReplyReply Direct Link To This Post Topic: Testementary capacity
    Posted: 08/December/2017 at 13:29
Sister organised herself to be enduring POA and enduring Medical POA in 2013 due to mother showing signs of dementia had a will drawn up then as well.

Then in 2016 the sister had another will drawn up by a totally different legal company absolutely favouring her and her family. Mother believes things are 50/50.

Have been advised that Mother would not have had testamentary capacity in 2016; being that sister got the enduring medical POA in 2013, you get that because someone is not going to get better.
Mother (87) has many ailments and serious hypertension. She cannot walk or use a stick. She uses a walker.

Sister does not allow Mother or sister (me) to go to holiday house. Sister abusing her POA
position. Mother not understanding what certain moneys (out going) are for. Sister does not get the accountant to come and see Mother any more, as Mother would then find out sister is using moneys for sisters benefit. Sister makes up so much rubbish that she has probably told accountant Mother is too sick to see him.

My Father is deceased (2008) he wanted things to be 50/50. My sister has taken all wills from the house however i have 3 of them. Scanned them before she took them.

Sister is a disgusting threatening bully to Mother.

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 673
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 09/December/2017 at 02:31
See a solicitor for assistance to show the sister is exceeding her authority and should be removed as POA.

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