Advice is family member can do this

Last post Sat, Mar 17 2012, 12:13 AM by exterminator. 2 replies.
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  •  Sat, Mar 17 2012, 12:13 AM

    Re: Advice is family member can do this

    A will is a legal instrument that only comes into affect once the person who has made it dies, therefore as of yet, there is no estate to distribute whilst the Grandfather is still alive. Neither would this lady be entitled to see the contents of any will especially before he was deceased, that is private and confidential priviledged information until his death.

    Secondly, the last will testament to be made overides the previous earlier will in which the Grandchildren were named as legatees. Therefore unless he has also made some provision in the latest will for the Grandchildren, then they are not beneficiaries and would not be entitled to anything from the latest will.

    Unless his new will was overturned by the courts which would need really good evidence as a will is usually deemed rebuttable under law (up to the challenger at their cost to prove otherwise and beyond doubt), then legally the older will is defunct and in effect a useless piece of paper.

    The house is cut and dried, legally that title was signed over before the onset of his current ilness and whilst he was of sound mind. Once it was legally transferred into the Son's name it was a gift from Father to Son and the Son was legally entitled to dispose of his own property at his discretion and as he saw fit.

    From what you post she is entitled to as much as myself from his will.....nothing!

    • Post Points: 5
  •  Fri, Mar 16 2012, 10:32 PM

    Re: Advice is family member can do this

    She has no legal right to anything in my opinion. As long as the grandfather was of sound mind when making decisions that will represent his wishes. I can't see how she can prove otherwise. If she wants to spend thousands in trying to make a case, she has to realise that this could put her grandfather in an awful position. What if a judge asked for doctors reports and for him to attend court or provide testimony. She might cause a lot of stress and put herself in a position that I am sure she would want to avoid.

    The will is not really relevant as he has not died.

    • Post Points: 5
  •  Fri, Mar 16 2012, 10:05 PM

    Advice is family member can do this

    I'm looking for some advice at this point, I realise this isnt a legal forum but I wanted to run this by people to get some opinions. I'll try and keep it short and to the point.

    My Grandparent made a Will approx 10 years ago in which it named one of his Grandchildren and her kids to be entitled to *something* (Not sure what exaclty) upon his death (But they were not the main beneficiary, his Son was.)

    5 years later he decided to change his Will so he left everything he owned including his house to his Son and cut out all of his grandchildren. This was done by a solicitor who verified he was of sound mind and was not under any duress.

    A year later he decided to sign his property over to his son to avoid inheritance tax upon his death which was again completed by a solicitor as a Deed of Gift.

    2 years later he developed severe dementia and unfortunately had to go into full time care. His Son (Whom he signed his house over to and is the main beneficiary in the last Will he made) sold the house and is in reciept of house sale money (minus any taxes which needed to be paid) (Which I'm guessing is legally his as the house was signed over to him and technically his property?????)

    Any here is my question, the Grand-Daughter who was removed from the Will is grieved that she has not recieved what she perceves to be duly her's from the Will made 10 years ago, despite him making a new one which I'm assuming wil revoke the one in which she and her kids were mentioned. (I'm sure she doesnt quite believe there was a new one made - thus feeling cheated)

    She's taking; she wants "Her Share" from the sale of the house money or she's going to take legal action, so, my long winded question is, does she actually have a leg to stand on?

    I'm thinking personally, No, but then again I'm no legal expert. My line of thought is she's just p****d at being cut out and feels cheated by his decision to leave everything to his son rather than any of the grandkids.

    P.S : He's still alive which makes it all the more disturbing she's hunting for "Her Share" from his estate.

    • Post Points: 35