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  1. As I posted. I am not sure if this site is the best place for this sort of thing, but I am hoping to find out more about this so as to try to negate what I strongly suspect will be a contentious time when my mother dies. I live abroad and visited my mother in the UK when she turned 99 last month, as I have done for the last 9 or 10 years. She was pretty healthy last year but has begun to show her great age this year. Although still fairly compos mentis, she has become quite deaf and started to become more forgetful and confused. She can still get about somewhat but is now also very slow and needs help. Due to her confusion, she has invoked a pre-2007 Power of Attorney she made in 1992 so that my younger brother will be taking over her financial affairs, and I have some concerns about that, but I am 6,000 miles away and he is 10 miles from her, so it is reasonable that he takes over - with some scrutiny. However, it is his impulsive and thoughtless nature (and other issues) that he has displayed for years that concerns me and his conduct after she dies. He finds her an irritation and has voiced many times that once she dies, he will just 'go in with a skip and chuck the lot and be done with it'. As we are joint executors, we have a duty to do things properly and realise what we can for her estate (which won't be a lot) but he has refused point blank to make any contingency plans for when she does die, despite me suggesting it a number of times. Nor will he discuss anything and just shuts down, even switching off the phone mid-conversation. He just says 'I'm not doing anything and I'll deal with it all when the time comes'. He forgets there are two of us involved. This is all to do with deliberate stubbornness and not emotion about her impending death (which will be within 18 months, I suspect). As he has said many times, he would like her out of the way as he sees her an encumbrance. I'd like to be able to be prepared for any future problems, so if there is a way of discussing them on here, or a more appropriate site, perhaps other members could point me in the right direction. Thanks for reading.
  2. Half of Britons have not made a will, leaving them with no control over what will happen to their assets after they die, new research from Will Aid has revealed. Over a third (35%) of those without a will have children aged under 18, meaning they have no legal say in who would look after their children if they died. While young people are the least likely to have written a will, 19% of those aged over 55 have also neglected to make one, the charity's research reveals. Read more: http://www.which.co.uk/news/2016/09/half-of-brits-dont-have-a-will-452123/ - Which? Will Aid runs for the month of November each year. http://www.willaid.org.uk/will-makers/find-solicitor-2016?postcode=IG8+0PN Free Wills month October 2016 Free Wills Month brings together a group of well-respected charities to offer members of the public aged 55 and over the opportunity to have their simple Wills written or updated free of charge by using participating solicitors in selected locations around England, Scotland and Wales. An up to date Will written by a solicitor ensures your wishes are respected. It also avoids difficult decisions and legal complications for your loved ones. Free Wills Month allows you to provide for family and friends and leave a gift to your chosen charities too. The next campaign is in October 2016 and you can register your interest now to be sent a reminder email on the day the campaign begins. http://freewillsmonth.org.uk/
  3. I have a question regarding wills in Scotland. My father was made trustee of a will of a family friend in 1998. He has recently passed away. Since his death, another person has came forward to claim to being a trustee. However, the solicitor dealing with his estate had claimed there was no will. What steps should the solicitor be taking to check if there is indeed a will? Also. it has been brought to my fathers attention that the other supposed trustee has been sen taking items from the deceased persons home. Should he be doing this at the present moment? Also, a good friend of the now deceased person has contacted the solicitor saying he had made a will in Australia. How much influence does this will in Australia, if in order, have on the estate in Scotland?
  4. My mother died and her second husband was named as the sole Executor of her estate (that is another issue not covered here). Her second husband received Probate and was given the legal position of Executor and Trustee, as well as being one of several beneficiaries. The Probate Document which he has signed as being 'a true and accurate representation' of her assets is in fact not true or accurate. I have evidence to show she had more assets at the time of her death than he has declared. He has withheld assets from the Probate document. This is ‘fraud’. I contacted Santander and Bank of Scotland and sent them certified copies of the Probate Document and certified evidence and asked them to confirm to me, and my lawyer, that the Executor had indeed missed assets from the Probate document and to therefore report him to the relevant authorities. Both banks, Santander and The Bank of Scotland, have refused to do this. First they said they 'had lost all of the documents' I sent them. They then stated 'client confidentiality'. Although they have evidence of a crime being committed and their first 'Duty of Care' is to their customer, my mother, not the Executor who is committing the crime in her name. I have asked. My lawyer has asked. The Police are unable to ask as the law does not give them the authority to investigate without going to court. In refusing to give the information requested or report him to the relevant authorities, they are helping the Executor to continue with his crime. They say to do so I would need to take it to court. At a cost of thousands. I have been to the Police and although this is a criminal offence being committed by the Executor, the current laws to not give the Police the ability to get the information from the Banks and for them to press charges against the Executor. If I want him held accountable for his crimes I must fund a costly court case to make them give the information. This man is 'getting away with daylight robbery'. I feel my family are being failed by the law. I want to know how we can make Banks stop 'helping Executors' to hide such crimes. I want more power to Beneficiaries to be able to have fraudulent Executors held accountable and Banks to be more transparent without having to resort to costly court cases. Please note I do have a lawyer involved. However, the lawyer can only follow the laws as they currently stand. To get the information from the banks requires a costly court case. Then there will be another court case to hold the Executor accountable. Banks should be able to state whether an Executor has not declared all assets on the Probate document as they still have a 'Duty of Care' to the deceased, before any 'Duty of Care' to an Executor. Can we get consumer action to make changes ? Can we get more transparency from Banks ? Can we get justice ? Do you think Banks should give this information to beneficiaries, and their lawyers, the Police and the Tax Office without a court case ? Please help.
  5. Hi I'm new here and not sure if I'm on the right forum or not. My brother is an executor and a major beneficiary (as am I) of my late uncle's will. I have been emailing his lawyer as my brother would not let me even park on the drive of my late uncle's house, half of which as well as half of his estate, has been left to me. I was told today that my brother has disposed of the contents of the house, which is now on the market, as they were worthless. Surely, those contents were half mine and he had no right to dispose of them. Can I take any action against him for this? It would be Scottish law as the estate is in Scotland. Any help or advice would be much appreciated as I'm just totally sickened by the way I'm being treated as if I have no rights at all. Just as an added bit of interest, my brother had power of attorney before my uncle died. The accounts I have received are as basic as a five year old would create for a school tuck shop.
  6. I am trying to find a Solicitor to look into the mis-handlingof my parents Will/s. I am not looking for a freebie, so if you are a Solicitorthat specialises in this sort of thing, please PM me. I’m not interested in a ‘duty’ solicitor type who just wantsto fill forms in, but one that will actually fight my corner. To other readers: If you can recommend a Solicitor that’s acted foryou in a similar manner, please feel free to either PM me or put their detailshere (with their permission). Thank you for reading this.
  7. My brother and I were appointed as joint executors of my mothers will. My brother is (mainly due to geographical and time constraints) carrying out most of the administration and recently requested that I write a letter making him sole executor “To save time getting documents signed by both of us”. My question is, do both executors have to sign all documents, or can we designate that one can sign with the other remaining to simply monitor the progress and view documents if requested by other members of the family (Four brothers in total) I trust my brother, but having seen some of the horror stories in the forum feel it would be a good idea to retain some control. Is there a standard form or letter to cover this situation? Thanks in advance
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