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Right to see Will.

Right to see Will.

Postby mowerman » Wed Aug 16, 2017 8:55 pm

My wife’s brother is elderly and for some time has suffered from Parkinsons.He is divorced, has no children and my wife is his nearest relative. She is the executor in his will (made many years ago) but not a beneficiary. In April he had a stroke since which time he has been unable to communicate in any form or even understand simple questions put to him. His consultant has now advised that he lacks capacity and his condition is unlikely to improve. Through our solicitors we will be applying to the Court of Protection for joint deputyship – my wife and the solicitors.
Prior to his stroke my brother-in-law stated on several occasions that were it not for his three dogs he didn’t want to continue living. A close friend has indicated that in recent years he may have changed his will since that in which he appointed my wife as the executor. With this in mind he may have made a living will expressing his wishes with regard to medical care. Is it possible for my wife to have sight of his latest will once she has deputyship (or before) as this may affect how we proceed. Thanks.
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Re: Right to see Will.

Postby Millbrook2 » Wed Aug 16, 2017 9:00 pm

Do you know where there is a copy of the will.

If it's with the solicitors who are joint to the application to the CoP why not just ask them this specific question.
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Re: Right to see Will.

Postby atticus » Wed Aug 16, 2017 9:36 pm

I do not believe that Mrs M would have the right to demand to see her brother's will.

A "living will" is a different matter; I am referring to the document by which your brother in law disposes of his estate on his death.
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Re: Right to see Will.

Postby dls » Thu Aug 17, 2017 9:04 am

Once the deputyship is granted,if there is any doubt about the existence of a will, one can be made through the court.

As Atti said living wills are entirely different from what we otherwise understand as wills. It is important to estaish where they are. Living wills come in two general forms, one as to preferences for care, and the second as to financial arrangements. They do then of ourse vary spectacularly as to content.
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Re: Right to see Will.

Postby mowerman » Wed Jan 03, 2018 9:32 pm

Just to update on this post.
We traced the solicitors who acted in the making of the Will but whilst acknowledging my wife as the executor declined to provide a copy on the grounds of data protection and client confidentiality.
We are not in a position to challenge their decision but it’s sad that the law conflicts with my wife carrying out her brother’s wishes as provided in the Will in respect of the wellbeing of his dogs who remain in kennels with an ever increasing bill. (He remains ‘lacking capacity’)
Yes we could have obtained deputyship but our own solicitors have warned that should they handle the work this can be complex and expensive and constitute an ‘open cheque’ should he continue to live for many years and there is no automatic right to seek recovery of their costs if they have joint deputyship with my wife. Accordingly Social Services will now take over.
On a separate issue my brother-in-law is now in a care home and the County Council will only pay less than a quarter of the costs. The balance will be paid by Social Services. What is usual, for the property to be sold to cover this cost or for a charge to be placed on his house to be paid upon his demise?
Thanks.
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Re: Right to see Will.

Postby atticus » Wed Jan 03, 2018 10:00 pm

If the property is not to be sold the Council will seek a charge.
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Re: Right to see Will.

Postby dls » Thu Jan 04, 2018 9:21 am

We are not in a position to challenge their decision but it’s sad that the law conflicts with my wife carrying out her brother’s wishes as provided in the Will in respect of the wellbeing of his dogs who remain in kennels with an ever increasing bill.


Those may be his wishes, but the will has no connection at all with the care of his dogs during his lifetime. The will relates only to what is to happen after death. It takes effect _only_ from the date of death.
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Re: Right to see Will.

Postby atticus » Thu Jan 04, 2018 9:25 am

Your wife can arrange for the dogs to be rehomed, if she thinks this is best for them. This will also be a better use of her brother's money.
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