Executor of will trying to get rid of Will

Mary is a wealthy woman and about 5 years ago she made a will and included her house to be given to several people in it. Over the last couple of years Mary developed Alzheimer's disease. Some distant relatives started to care for her. They decided that she needs to be moved to a nursing home. We suspect something underhanded is going on as they have contacted the Executor of the will and are now trying to get a court order to sell her house to pay for the nursing home. Although this woman has a sizable amount of money in the bank we were told that this money is frozen. Why are these people trying to sell her house if there are enough funds in the bank account to pay for the nursing home. Any Legal advice or who to contact would be greatly appreciated.

Re: Executor of will tyring to get rid of Will

Your thread title and the posting itself seem (to me) to conflict.

The executor of the will has no powers, obligations or rights in relation to her property while Mary is alive, AFAIK, as it is still Mary's property. It remains Mary's property even if due to her illness she is made a ward of court or a court grants someone power of atterney on her behalf.

willman1 said:

... Why are these people trying to sell her house if there are enough funds in the bank account to pay for the nursing home...

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And the answer, which is given in your posting, is -

willman1 said:

... a sizable amount of money in the bank we were told that this money is frozen.

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What is your interest in this and what is your connection (if any) to Mary?

Re: Executor of will tyring to get rid of Will

Mary is my Aunt and I am one of the people included in her will. The distant relatives I refererd to are also included in her will, but they do not want anyone included in the will to interfer with what they are trying to do. They think they have the right to sell the house with the concent of the executor of the will. Because I have no legal knowledge of what is happening I do not know how to respond to these people.

RE: conflict the distant relative informed us that they were in contact with the executor and he is in the process of removing everyone from the will to use the money to pay for a nursing home. This is why I suspect some underhandedness. Surely the executor does not have the power to do this, therfore the distant relative is up to no good.

Re: Executor of will tyring to get rid of Will

willman1 said:

[the executor] is in the process of removing everyone from the will

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He can't do that. If the will is rewritten it must be done by your aunt! If he's 'adjusting' her will without her knowledge it's a serious criminal matter! The aunt is possibly not of sound mind anymore so will be unable to make a will that can't later be challenged by anyone 'removed' n a newer will. Her existing will stands. Are you sure he doesn't have power of attorney? If you stnad to lose out substantially it might be no harm to get yourself a solicitor.

Re: Executor of will tyring to get rid of Will

Thanks for advice I think I need to get a solicitor .

Re: Executor of will tyring to get rid of Will

willman1 said:

Thanks for advice I think I need to get a solicitor .

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An unfortunate set of circumstances, and I think this is your only source of solid, reliable, professional information to protect your aunt and her interests.

I think you (and possibly the executor) are mis-understanding what the executor and solicitor are doing.

There is no way to "get rid" of a will, other than for the testator to destroy it personally, or make a new will setting the old one aside.

It sounds to me like the people who are caring for your aunt are trying to get an enduring power of attorney in their favour, which will give them the power to make decisions for your aunt including selling her property.

This form of power of attorney is only suitable where a person expects that they will not be able to care for themselves. They can only give it when they are still compos mentis. If your aunt has advanced alzheimers then, as far as I understand it, they will need a court order to sell the property.

Frankly it sounds to me that they are doing the right thing. It's her house, her money, and she needs proper care. However if you think someone is behaving dishonestly or improperly then you should consult a solicitor.

My Aunt is unfortunately non compos mentis as she has advanced Alzheimer's. I think the people caring for her are trying to get an EPA. But the are doing it the wrong way by not keeping people informed of what they are trying to do. I am only concerned, as you have pointed out about the welfare of my Aunt who deserves her money to pay for her treatment / future care

Hi Willman
As Kate says, an enduring power of attorney can only be made by someone when they are Compos Mentis i.e. when the decision for the EPA is made, the person understands what it means.
A doctor (eg GP, geriatrician,psycho-geriatrician) has to assess the person to ensure that the person is of sound mind and understands the consequences of creating an EPA before this can be signed.
If this is not the case, an EPA cannot be created. It is categorically illegal to do so.
So legally they cannot get an EPA.

Nicola

Hi Nicola
It is too late then for anybody to be given an EPA as Mary is not of sound mind, so if she cannot give the power of attorney to anyone. Therfore how will the carer be able to sell her house. Can a court order be granted to sell the house for Marys benefit, if so that would be fine for Mary.

@william1, it seems that NIcolaM in her post above has hit the nail on the head.

The procedure needed in your Aunt's case would appear to be to make an application to the High Court to have her to become a Ward of Court. The process is described here [broken link removed]

The sooner you see a solicitor to seek advice the better for all concerned.

Hi Guys,
I would like to take this opportunity to say thank you all for your help and assistance. It is greatly appreciated.

Kind regards
Willman1

Good luck, I hope it all works out
Nicola