Hi, my name is Maylavinia! Needing help regarding a legal struggle.

Maylavinia
Maylavinia Community member Posts: 2 Listener
edited December 2023 in Families and carers
Who looks after or represents a person who is SEN with regards to finance?

My brother died and left a will as me as executor. Majority was left to his younger son who has Downs Syndrome.

My brother’s ex wife produced a will, which was made just a few days before his death. My brother had brain cancer and couldn’t even write his name. The new will made his ex wife sole beneficiary.

It has cost me a lot of money as I had paid a solicitor to administer the will I had, before this ‘new will’ came to light. Sadly I haven’t the financial resources to fight this for my nephew. I think he would stand a good chance of winning, as no mental capacity test took place for my brother who was very ill.

So who does protect individuals like my nephew, when in effect it’s his next of kin that is depriving him of his inheritance?

He was given a lot from his late father’s pension fund, which wasn’t part of the estate. I have no idea if he’s been allowed to keep it? 

His social worker spoke to me once, but I think she’s been told not to engage with me by his mother.

Comments

  • chiarieds
    chiarieds Community member Posts: 16,343 Championing
    Hello @Maylavinia - & welcome to the community. I'm very sorry to read about your brother, & also sorry for the position you find yourself in trying to look after your nephew. Had your brother named you as executor (perhaps also with a firm of solicitors), & have you gone through probate with a solicitor, before this 'new will' came to light? Is anyone an appointee looking after your nephew's best interests?
  • Maylavinia
    Maylavinia Community member Posts: 2 Listener
    Hi yes I got probate, but it had to be revoke as she produced a new will. He couldn’t even sign it, it had to be signed in his behalf. I did get to speak to his social worker on one occasion and she was going to apply for an independent appointee, but not heard back from her in months. I’ve been forbidden from speaking to my nephew, his Mother blocks numbers on his phone. I really don’t have the funds to fight this for him. My late brother’s wish was that he was provided for. It just seems no one is there to act on someone’s behalf who is SEN. He really is clueless to what has been done against him, he loves his Mother.
  • Albus_Scope
    Albus_Scope Posts: 6,910 Online Community Coordinator
    Hi there @Maylavinia and welcome to the community. :)

    I'm so sorry to hear about your brother and also for the situation following.   
    I'm just going to move your post into a different category, so more people in the know will be able to see and hopefully help you out. 
  • chiarieds
    chiarieds Community member Posts: 16,343 Championing
    I wish I knew more about the law, but sadly I don't. Was this 'new will' a codicil to the will that your brother made, tho I'm wondering if it was signed on your brother's behalf, did his ex apply to the Court of Protection to prove he was unable to do so himself (i.e. a Statutory will)? Please see: https://www.gov.uk/apply-statutory-will    Sorry for asking, but are you sure your brother's GP (or other medical professional) wasn't involved in considering his mental capacity?
    I wonder if the solicitor you used for probate would be willing to look into this for you, perhaps agreeing that their costs would come out of your brother's estate, as should have happened initially, rather than costing yourself. If that fails, perhaps try ringing other solicitors, as, if it's like where I live, they'll often give a free 30 min consultation, or at least one by phone with a paralegal.
    I'm sorry you're unable to speak to your nephew, this must add to your distress, & I do so hope you can in the near future. 

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