Reply With QuoteMust be really difficult for you. My FiL also has a terminal illness and won’t make a will, though he doesn’t have much to leave.
Has your mum got mental capacity to sort another will? 37 years seems an awful long time.
My mum is terminally ill in hospital I have phoned the solicitor the will is held by as I am her only son and will be left to sort things out only to be told they cannot speak to me, got mum to phone them they wouldn’t tell her anything cos she hasn’t got any documents in hospital To prove who she is ? and told her nothing can be done till she dies
the solicitor told me to look at the copy mum has and I said I can’t as she is very ill and having great trouble recalling things and she made it 37 years ago
The solicitor then said they may not have it anyway and They also have her house deeds, I am now sighned off work with stress and not sleeping how do I go forward ?
Must be really difficult for you. My FiL also has a terminal illness and won’t make a will, though he doesn’t have much to leave.
Has your mum got mental capacity to sort another will? 37 years seems an awful long time.
Sorry to hear about your mum.
Hard as it is - that's right - the document is private and you have no standing - however...Originally Posted by Michael 38
This is a problem which I'm not sure how you resolve in current situation.got mum to phone them they wouldn’t tell her anything cos she hasn’t got any documents in hospital To prove who she is ?
I would work on the basis that (unless evidence arrives to tell you differently) that they do not have a copy and that unless another will is created that the law of intestacy will apply - how complex that will be depends on how many relations there are.the solicitor told me to look at the copy mum has and I said I can’t as she is very ill and having great trouble recalling things and she made it 37 years ago
The solicitor then said they may not have it anyway and They also have her house deeds, I am now signed off work with stress and not sleeping how do I go forward ?
Good luck.
Sorry to hear about mum. Always a terrible time seeing loved ones deteriorate. Try not to get stressed about the Will. Plenty of time to worry about that later. If your mum is struggling to remember things then I doubt there would be any amendments she could make anyway as mental capacity could be questioned later.
Best wishes to you.
Is not being able to recall details from over 30 years ago a sign of anything? I'm not sure.
In her position, I would simply make a new will. Using new solicitors, who know how to move quickly and not lose documents. The peace of mind would make the cost very worthwhile.
I read it as that she was having difficulty recalling things in general - maybe I’m wrong. Either way though if there is any debate at all about whether mental capacity is impaired then the chances of it being challenged successfully increase.
Thanks for all replies my mums mental capacity is fine she is very weak and gets tired easily the problem of knowing were the will is is she lives in a big house and is a hoarder.
I was hoping to sort it out when she came out of hospital but she has gone downhill very quickly and won't be coming out.
I am an only child I have 2 cousins down south and a elderly uncle that's it
Making a new will would be difficult as she find it difficult to concentrate as she is so weak and me and my wife are the only ones allowed to visit her cos of covid and because she hasn't got long left and that is bending the rules a fair bit because my wife is a nurse
I am glad you are getting to see her. That will provide some comfort later.
Re the Will, If no changes needed to the Will then it won’t matter if you can’t find it, as the solicitor will have a copy. The main thing is you know the solicitor. Without asking them to see it I would still ask them their process. Normally it would be informing them of mum’s passing when the time comes and providing death certificate and then they would help you from there.
Feeling for you just now at what must be a very difficult time
I'd have thought a new will would be relatively straightforward from a legal perspective, assuming there are no complicated bequests. Witnesses required but that ought to be possible from what you say.
I'd arrange an urgent chat with a trusted local solicitor.
Sent from my HD1903 using Tapatalk
thanks the solicitors have been the family one for 2 generations they just don't seem to be very caring, my wife and I spent a week clearing part of the house out for her to live in only to find out she's not coming out, I am also trying to rehome her 2 beloved elderly cats which is proving impossible as all the animal rescues are closed .
I have been having to cope with a very anxious wife who works in a hospital with covid patiants and now this I broke down at work yesterday and have now been signed off with stress
- - - Updated - - -
thanks the solicitors have been the family one for 2 generations they just don't seem to be very caring, my wife and I spent a week clearing part of the house out for her to live in only to find out she's not coming out, I am also trying to rehome her 2 beloved elderly cats which is proving impossible as all the animal rescues are closed .
I have been having to cope with a very anxious wife who works in a hospital with covid patiants and now this I broke down at work yesterday and have now been signed off with stress
thanks a solicitor wouldn't be allowed in to the hospital room our family ones refused to go in and talk to her. And witnesses would be a problem as my wife said the staff would not be allowed to act as one
Tough times indeed for you. I wasn't suggesting the solicitor attend the hospital more that you follow their advice, especially in these extraordinary times. I understood that nursing staff (not attending to your mother) could/would witness a will, although they may not wish to do so to avoid the potential of being drawn into litigation.
I hope you get the situation sorted and wish you all the best.
Sent from my HD1903 using Tapatalk
I take it you don’t want Will changed? Just want it to allow you to get organized? If the latter then def no need for a new will imho.
Provided there is already one (unconfirmed by the solicitor), and that it is still relevant 40 years later.
'Against stupidity, the gods themselves struggle in vain' - Schiller.
yes just want to start sorting things out I'm the benificary anyway
Unless you have POA - there is an awful lot that you cannot do and should not attempt to do before the right point.
Having recent experience in matters such as this, my understanding is that anything you want to do now will require your mother to have the mental capacity to create either a new will, or give you Power of Attorney, which will enable you do deal with your existing solicitor on her behalf. Bear in mind, though, that if you have POA, as soon as a person granting the POA dies, the POA becomes null and void.
If she passes away, and the solicitors have her existing will available, they will need to confirm that you are named in the will as her Executor, and if so, then the will can be released to you.
Just a small piece of advice, should the worst come to the worst - get at least six copies (certified by the solicitor) of the will, and at least ten certified copies of her death certificate. You will end up sending them to all and sundry.
Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
Rules of intestacy means with no will you get everything. If that's what your mum wants, then i don't see an issue if no will can be found. You can apply to be administrator and sort everything yourself at your leisure.
To be avoided if at all possible. Settling an estate can be a long process at the best of times - if dying with no Will then it will invariably be even longer.
Posting Permissions