WArd Of Court..Go on Committee or not ?

S

senni

Registered User
Messages
175
My friends Marys question..

Marys mum( dad Passed On ) has just been made a ward of court by Marys siblings. Marys mum has a farm that Mary has farmed for 25 years and although Mary also minded the Mum, it appears that Marys siblings want to get her off the farm allthough they never wanted anything to do with this farm until recently ( value of farm increased recently )

Marys solicitor is saying that Mary does not need to be on the committee because if Mary has to contest any will ( if she is left nothing ) it is better if she is not on the committee. Mary is not gready but she has never worked anywhere else since she was 15 and has no real education as she did not complete any exams, as she left school early to work this land for her mum, so she may have to contest the will, to enable her to survive.( mary has kids to support )

Now Mary may be left the farm, which means the other family members will contest the will. She understands all that and she understands that whatever happens happens

But at present

Mary just wants to know ...should she go on the committee or should she not go on the committee ?
 
She's already received advice from her solicitor. Why would she want advice from anonymous internet posters?
 
The committee can make decisions which affect the ward's property e.g. they could decide to sell the farm to have money to provide for the ward. So it might be in mary's interests to be on that committee as if the farm is sold before her mum dies it doesn't matter what is in the will.
 
Dear Vanilla

I understand your thoughts but

She is worried sick and she felt her solicitor was unsure,( maybe he hasnt done many Ward of Court cases ) as he said "she shouldnt be on it if she has to contest the will "and then later he said " maybe she should be on the committee as she was the main carer for her mum"

She is an average person confused and is looking for some advice. What do you suggest ?

Thanks

Please give her some advice, she is so confused at present
 
Dear Dazza21ie

But surely if they sell the farm and the will is read ( on the passing off her mum ) whoever is the beneficiaries would receive the proceeds from the sale of the land ( ie money )...is this not correct ?... surely the proceeds wouldnt be distributed to other siblings if they are not in the will.

She just wants to work the farm now and whatever is in the will..is in the will.. even if it is not her, then thats that but they are trying to get her off it now and she will have no income ( small farm )

What do you think ?
 
senni said:
Dear Dazza21ie

But surely if they sell the farm and the will is read ( on the passing off her mum ) whoever is the beneficiaries would receive the proceeds from the sale of the land ( ie money )...is this not correct ?... surely the proceeds wouldnt be distributed to other siblings if they are not in the will.

She just wants to work the farm now and whatever is in the will..is in the will.. even if it is not her, then thats that but they are trying to get her off it now and she will have no income ( small farm )

What do you think ?
Click to expand...

You must remember that the farm is belonging to the mother. At the end of the day it is her interests that come first. As I said above the farm could be sold, money spent on keeping the mother in a home and then there is nothing left for anyone to worry about. Its quite possible.
 
Your friend needs specialised legal advice.

Her mother may be the registered owner, but is Mary the beneficial owner by virtue of her long possession and/or proprietary estoppel/legitimate expectation?

In which case being her mother's committee could well be a position of conflict.

She may need counsel's opinion on her position.
 
Thanks ...Noted.

She really needs to talk to her barrister, if she can get an apt with him

Thanks so much for your replies, it has helped her.

Senni
 
Last edited:
senni said:
Dear Dazza21ie

But surely if they sell the farm and the will is read ( on the passing off her mum ) whoever is the beneficiaries would receive the proceeds from the sale of the land ( ie money )...is this not correct ?... surely the proceeds wouldnt be distributed to other siblings if they are not in the will.

She just wants to work the farm now and whatever is in the will..is in the will.. even if it is not her, then thats that but they are trying to get her off it now and she will have no income ( small farm )

What do you think ?
Click to expand...

What if the will states "I leave all my land to Mary. I leave all my money to her brothers and sisters in equal shares". Ward of court situations are not straightforward.
 
Does anybody know how much it costs to go through a ward of court. Straight forward case?
 
I got a sister that has been made ward of court and in order for that to happen 2 doctors had to certified as been unable to manager her own affairs her greedy offspring's put her in a home.

If Mary's mother is made ward of court by the medical profession then all her mother right will be taken away from her and the committee members will have to make all the decision regarding her welfare and how she will be financed in the care home.

Has Mary's mother got dementia, I do not know what you mean by saying how much it costs to go through a ward of court.

The link below should be of some help to Mary..

[broken link removed]

[broken link removed]
 
You must log in or register to reply here.
Back
Top