A friend of mine (2nd son) was asked by his elderly father (80+) to accompany him to the solicitor's office as he wished to change his will.
The father called the solicitor to make the appointment and stated that he wished his 2nd son to be present. This solicitor is the 'family business' solicitor and has acted for the family for a number of years, but mainly acts on behalf of the 1st son of the family who is the major shareholder in the business.
On arrival at the office, the 2nd son was asked to leave, against the wishes of the father, and the solicitor explained that should there be any dispute and/or subsequent court action regarding the validity of the will, he, the solicitor, would have to be in a position to testify that the father changed his will of his own volition and was not coerced into doing so.
The 2nd son left the office and the father was there alone for 2 hours with the solicitor and was advised not to change his will. He was also asked to sign documents relating to the family business, which he had in previous weeks refused to sign numerous times as they put the family business and his own home, which is being offered to the bank as security by the 1st son, in jeopardy.
When the father left the office, he told his 2nd son that the solicitor didn't want him to change his will and 'talked him into' signing the documents relating to the bank loan for the family business, which he didn't want to sign.
Is there anything the 2nd son can do in this situation? The father is so stressed by the whole debacle that he is becoming unwell. The father is afraid to involve another independent solicitor in case this might lead to court action and the problems within the family business will become public knowledge.
The bottom line is he made an appointment with the family solicitor to change his will and came away having signed a document for a loan that he had refused to sign many times in previous weeks and not having changed his will.
Is there any sort of cooling off period with regard to signing something like this or can he now put it in writing to the solicitor that he felt under pressure and would like to withdraw his signature?
The father called the solicitor to make the appointment and stated that he wished his 2nd son to be present. This solicitor is the 'family business' solicitor and has acted for the family for a number of years, but mainly acts on behalf of the 1st son of the family who is the major shareholder in the business.
On arrival at the office, the 2nd son was asked to leave, against the wishes of the father, and the solicitor explained that should there be any dispute and/or subsequent court action regarding the validity of the will, he, the solicitor, would have to be in a position to testify that the father changed his will of his own volition and was not coerced into doing so.
The 2nd son left the office and the father was there alone for 2 hours with the solicitor and was advised not to change his will. He was also asked to sign documents relating to the family business, which he had in previous weeks refused to sign numerous times as they put the family business and his own home, which is being offered to the bank as security by the 1st son, in jeopardy.
When the father left the office, he told his 2nd son that the solicitor didn't want him to change his will and 'talked him into' signing the documents relating to the bank loan for the family business, which he didn't want to sign.
Is there anything the 2nd son can do in this situation? The father is so stressed by the whole debacle that he is becoming unwell. The father is afraid to involve another independent solicitor in case this might lead to court action and the problems within the family business will become public knowledge.
The bottom line is he made an appointment with the family solicitor to change his will and came away having signed a document for a loan that he had refused to sign many times in previous weeks and not having changed his will.
Is there any sort of cooling off period with regard to signing something like this or can he now put it in writing to the solicitor that he felt under pressure and would like to withdraw his signature?