17 Comments Wills, probate, letters of administration, powers of attorney
Get it done now! That is my advice. The doctor and the lawyer, maybe even together for that special meeting. The one thing you have going for you is that she has not left her husband. If that was the case, and she had moved in, there could be a chance of litigation. Best wishes to you and your father.
Ok ,Dad is fairly frail but quite well and content at the moment had Xmas lunch together and a couple of days ago the solicitor whom is looking after Dads financial affairs has sent me and the public trustee stating dad financial state etc and has commented that he has received a new Will.
He had hinted previously that he had a new one but expect that "the girl friend" will contest it ,but at least dads got his wish, for it now to go to the family not all to her, and she can challenge it rather than us challenging her. So things are looking good .
She will receive this correspondence, So it will be interesting if she still visits Dad after she sees that there is a new will?
addison219 2009-12-28 12:20:52
Thanks I,m sure she,ll be working up a battle ahead, but Ive been living in our family home now ,on dads and family request since May I,sh 2008 and Ive been doing a lot around the house to get it back to a well maintained home, And shes been behaving herself visiting dad but no dramas at the moment.Ive re acquainted my old neighbors after many years, some of which said she was barely ever there, and would support that with a letter if needed.
All of these "statements" and such, can only be heard in court. In court, they will mean very little, because in fact, magistrates must not emotion take over. Hopefully, she will receive an amount stated in the will that is seen to be generous to your lawyer. She must then decide to take it to court and tell the magistrtaes that it is not enough. This court case will be paid for from the estate, and not by her. She may be ordered to pay costs for all involved, but that would be an extremely rare event by all accounts. In my case, and offer of about 10% was forced onto me to stay out of court. In court, the fees would have taken up 75% of the estate, just to be heard. It could have dragged on from there, with lots of chit chat about who did what, but that only keeps the lawyers meters clicking over. Good Luck be with you.
Correspondence received by all,Shes in turn sent and email to dads financial manager requesting to collect her stuff and she,s has added an item that i know is dads far before they met but not of a great deal of value,So I'm letting her take it with the knowledge that if she starts anything i have proof that was fraudulent of her to claim as hers.
So She hasn't mentioned the new will,and collecting her goods of fair value gifts from dad.
I read the "seems to be amended" F.P.A, noting that those who can contest the will, if under "De facto spouse" which she doesn't fall into but she might try to squeeze into somehow,and the only category that may apply to her, states that they must have lived with the deceased up till death which shes living with her husband??
Would i be right thinking now that the new will doesn't state her as executor or main beneficiary etc that she may not be able to contest the will??? ooh please , if so now we can rest easy and enjoy to the fullest our visits to dad and he'll be stress free too.. What a battle
I hope that's the case it seems that it should be, but ill never let my guard down ,shes still visiting him but he doesn't mention her and i don't to him and hes happy, I visited him last night and he was over joyed telling me he always looks forward to my visits and how much he loves me etc which is great to here and hopefully for years to come.