Wills disputes

[margaret 21]

Sorry for the long post,
My auntie passed away on the 11th august 2023, We found out after her death from her step son that my sister had been removed as Executive of the will and a new will had been drawn up with both step sons named as the executive.
My sister and I are my aunties only blood relatives and we were brought up as sisters and not aunt and niece.
One of the step son that was added had no relationship with my auntie and has never been on the scene. The new will was written in 2020 , my aunt had a diagnoses of dementia and did not have the capacity to make such an important decision.
it has always been known that the previous will would be split 4 ways.
I have a copy of the new will and she as left everything to the stepsons, this would not have been my aunties wishes at all, .
I feel that my aunties vulnerability as been taken advantage off.
Has anyone been in this situation before and any advise would be greatly appreciated

 

[nitram]

Was the 2020 will made at a solicitors?
Diagnosis of dementia does not always mean lack of testamentary capacity, a solicitor would have to been satisfied that she had capacity to make a will.

 

[margaret 21]

Was the 2020 will made at a solicitors?
Diagnosis of dementia does not always mean lack of testamentary capacity, a solicitor would have to been satisfied that she had capacity to make a will.

It was made by a solicitor . There is no way my auntie had capacity at that time

 

[nitram]

You are going to find it very difficult to argue against an assessment made by a solicitor at the time the will was drawn up and signed in 2020.

 

[notsogooddtr]

I was just about to say the same thing

 

[margaret 21]

But how do we know an assessment was done and established

 

[nitram]

It was the solicitor's duty.

If you think the solicitor acted incorrectly you can first complain to them and if not satisfied the SRA

You will have to have evidence which attempts to prove that she could not have had testamentary capacity at the time of instructing the solicitor to draft a new will,

 

[SAP]

Because that is the process the solicitor has to follow in order for the will to be lawful and legally binding.

But how do we know an assessment was done and established

 

[margaret 21]

I have asked for prove but they said I am not entitled to it , How many more people are being taken advantage off due to vulnerability, dementia sufferers need more protection and this should be illegal

 

[nitram]

I have asked for prove but they said I am not entitled to it

You are not entitled to information held by a solicitor and their client.

You can however complain about their action although I don't advise this.

 

[nitram]

The solicitor should have determined that in relation to the new will she could

Understand information given to her
Retain that information long enough to be able to make a decision
Weigh up the information available to make that decision
Communicate her decision