Will issue - 5 years on

W

WinniePooh

Guest
Forgive me if this is a stupid question.

Background: My dad's aunt, never married, no kids died 5 years ago. She always said she was going to leave her house to my dad or his children. She went into a nursing home a few years before she died and about 2 years before she died she asked my mam to arrange for her Solicitor to call out so she could change her will and leave the house to our family.

The Solicitor called out to her but she complained afterwards that the Solicitor would not let her sign a new will because she was incompus mentis. We all disagreed with this and even her priest who called out regularly agreed that she was of sound mind. Unfortunately nobody challenged the Solicitor to obtain medical proof that she was incompus mentis. My mam rang the Solicitor to ask what the issue was and he made a comment to her that we would have to pay CGT on inheriting the house. Nothing further was done and when she died a previously will was produced by her brother's wife (which we think was found by them in her house) which had left the house to them.

My dad's aunt lived with another lady most of her adult life and she, as well as other friends were surprised to learn the house was going to her brother. Anyway the house has been sold by the brother and its all done and dusted. BUT my dad just can't let it go - he feels the Solicitor acted wrongly and did us out of the house. We all think he needs to let it go as its been so long ago and the house is gone.

Is there anything that can be done at this stage or is it just too late?? Thanks in advance.
 
If your aunt was compos mentis she could very easily have asked another solicitor to call to her and make a will.

As a practising solicitor, I will not take instructions from someone I believe to be incapable of giving me proper instructions. The solicitor could have become embroiled in a big brouhaha, he chose not to, the family could have asked for a doctor to certify her as being capable.

In the end, it was your aunt's decision not to make another will. End of story.

mf
 
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