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Scottish Will.

Scottish Will.

Postby Primrose » Tue Aug 22, 2017 8:36 pm

My Mother died a few years back after years of suffering from dementia. Unbeknown to me at the time my siblings arranged for her to change her will and to grant them POA.

My Mother being cared for by my father & one sibling moved in just before my father died. This sibling has mental health issues. His behaviour was fraught & irratic as he had/has addiction problems. I notified the social services who became involved but didn't really do much. Eventually my mother was admitted to a care home when it became a dangerous situation in the house. She had been left comfortably off but a lot of antiques and other items disappeared over the years after my sibling and another moved into her home.

The POA was not lodged and when one of the banks she and my father had banked with for decades became aware that my Mother was incapable of managing her affairs they froze her accounts. The care home fees were unpaid and one sibling who held joint POA would not speak to the other one. Eventually the POA was lodged - my Mother had not had capacity & would not have been able to sign cheques etc for a few years at this point in time.

I was not included in the new will that had been drafted shortly after my father died.

I sought legal advice and am still slowly trying to get this into court but have been told that as one sibling has not been well mentally again I may need to pay for him to be represented in court.
I have been in receipt of Legal Aid for a few years but it transpires that I would have to make a new application to go towards financing this and could be unsuccessful.
My parent's home was not put on the open market and the other sibling who had POA is now living in it after his partner bought it with their son at a knock down price as it had become in a right dirty and run down state. The money he obtained as part of his inheritance was given over to his partner so that she & their son could buy the house. My siblings name is not on the deeds.
The house had been valued - under valued when the siblings partner was present.

There were many people who had expressed an interest over the years in buying the house as it is a splendid property with sizeable ground - some of which would make another house site - my father's plan if it had to be sold. As that would increase it's value considerbly - that's why he had bought the extra ground.

This is in Scotland - I did note that my Mother's own Dr did not believe that my Mother had capacity at the time when her will was written and when the POA was drafted. There was a report done by a professional last year that I paid for with the help of legal Aid that also believes by looking at her medical records it is unlikely that my Mother had capacity when the will was signed.

I'm a few years down the line and am no further forward. I just am so fed up with all of this & feel that the only people who have benefited are my sibling's partner and the lawyers and the barrister that was appointed to represent me in court. I think it's been a considerably amount of legal aid that has been used up so far. I have been paying what I could afford each month which has been a quarter of my income - for about 4 years now. I have a very low income.
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Re: Scottish Will.

Postby atticus » Wed Aug 23, 2017 7:10 am

Hi Primrose. I'm sorry to read that.

Unfortunately I doubt that anyone here has sufficient knowledge of Scottish law in this area to help you.

And it is always difficult to comment on cases which have been going on some time and where the person asking the question has been instructing lawyers. Their advice to you will have been based on very much more than the few paragraphs you have written.
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Re: Scottish Will.

Postby Primrose » Wed Aug 23, 2017 7:33 pm

Thanks for the response. Would it help if I just ask if it is normal to have to pay for the defendant's representation if they are mentally ill and no one is volunteering to speak or act according to his wishes? He is not eligible for Legal Aid but I am but a new application would have to be made and my lawyer feels this could be unsuccessful.

It doesn't have to be someone from a legal background just someone who would act on his behalf.
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