UK Family Law
UK Family Law Questions Answered by Verified Experts
Thanks for your question.
Can you confirm whether you father is deceased or alive, if deceased pleasestate when he passed away and whether a grant of probate was obtained in his estate?
My father is still alive, in the very end stages of dementias, not expected to live very much longer. He made a will many years ago, before my mother died in 1998, lodged with a solicitor in Cambridge. In his early dementia before being sectioned and subsequently homed in a secure unit my sister (only sibling), tricked him into revoking power of attorney arrangements which had been set up to be enacted for us both, and my sister and brother-in-law have had power of attorney since 2007. I gather this kind of family dynamic is not unusual with this kind of illness. I would like to know, if possible, if he made another will and where it is lodged.
If your father is still alive then it will only be revealed (or probably even acknowledged) to him or his powers of attorney if he no longer has capacity. Wills can be lodged with the probate registry prior to death but more often than not they will be left with the solicitor who drafted the will or otherwise with the testator themselves.
A solicitor will not reveal whether they hold a Will for a person without their consent to do so, or the consent of the attorney.
The key issue is, it seems to me, is the credibility of your sister and brother-in-law as legal attorneys or whether they will charge their duties in the best interests of your father. If you think that your father was under some form of duress in his decision to name them only as attorneys then you must take specific advice on it. This is not the proper forum for that kind of enquiry.
You can find solicitors in your area who deal with this by using the following Law Society website search engine:-
Select "wills and probate" - all medium sized high street practices will have private client department that deal with issues like this as well as tradition probate/will functions.
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my question is about the rights of a term cohabiting