Family Law
17 January 2006, 01:34 PM
#1
Scooby Regular
Thread Starter
iTrader: (2)
Join Date: Apr 2004
Location: Somewhere in Kent, sniffing some V-Power
Posts: 15,029
Likes: 0
Received 0 Likes
on
0 Posts
Family Law
This is quite complicated, so i'll try and keep it as simple as possible.
My Dad, (who is 66 and called Maurice) had a massive stroke back in October last year. The doctors say that he has severe brain damage, and will never return to work.
He and my Mum own a Fork Lift Truck business which they have had for 25 years.
I'm 23 and had been working part-time with my Dad for around 8 years. I decided last year that I wanted my own business and i am now 2/3's of the way through to becoming a driving instructor. (which I funded)
My Dad had put the business up for sale prior to having the stroke.
Seven years ago (Jan 99'), my Dad fell off the side of a lorry, whilst he was repairing a crain arm. He cracked his skull and damaged the temporal lobe. After just two weeks, he returned to work, against our, and the doctors wishes.
His driving after the accident was terrible and scared my mum so much at one point, that in November 99', she made him go to the doctor. The Doctor said that he would have to inform the DVLA. My Dad was obviously not best pleased.
He had to attend an evaluation at the Bansted Mobility Center. Dad then, over the next seven years, regulary returned to bansted (so he said) for more evaluations. Everytime he came back he was frustrated and angry, but did descibe, in detail, the tasks that he had to perform.
There was never any documentation that came through to the house. Dads defence for this was that he didn't trust my Mum anymore, so had asked that Bansted send all correspondance elsewhere.
Obviously, when Dad had the stroke, we felt it necessary to inform Bansted that we wouldn't be attending anymore sessions with them. To our shock, they said that Maurice hadn't been there since April 2000', and that he had been signed off fit for driving socially, but not commercially on that date.
We then disscovered that the room at the hotel at which he had been staying, had been booked as Mr and Mrs Purvis.
I then found Viagra in his work van, and my Mum found some at home. My Mum and Dad hadn't had a sexual relationship for nearly three years.
So, it is pretty obvious that he was having an affair, and using Bansted as a cover story.
Obviously, my Mum was devastated. The Doctors say that is unlikely that he will be able to return home, but, even if he could, my Mum wouldn't have him home anyway. Mum has been very lonely over the years anyway and my Dad, to be honest, treated her like sh&t. Over the new year, she met someone. It was hard for me at first, but I understand. My Mum's intentions are for Dad to have the best possible care from his half of their house, assets etc, which will be split down the middle. My Dad doesn't know this yet.
Now here's the problem that we have. I have two half brothers and two half sisters from my Dads previous marriage. ( He split from Mary in 71') I have only ever been close to one of my brothers, David.
Dad gave David a copy of a will back in 1983, to deposit in a bank for safe keeping. David never read it. 3 weeks ago, David withdrew the will. I hav'nt read it, but from what I understand, it leaves the house to my Mum, and everything else to David. The will is copy, and it is not signed. We don't know where the original is.
For some reason, all of a sudden, David has got signitures from the other siblings, for David to act on their behalf. David now wants control of Dads half of the assets, including the business.(Even though my old man is still alive and is still marride to my mum!)
I have been running the business since Dad had the stroke, and for tax reasons, my Mum made me a non-profit sharing equal partner. David has never had anything to with the business (M.P.Engineering), but feels that he should be made an equal partner aswell. From what I can tell David is Jealous.
What legal rights does he have?
He went into see Dad on Sunday. When my Mum and I went to see him yesterday, Dad was very concerned about David. He can't speak properly yet, but he can understand what is going on. He kept saying David......David.....why? I said to Dad, 'Don't worry, i'll take care of everyting.'
He looked at Mum and I, and said 'Thankyou, thankyou!' We also managed to deduce from him that there is another will, but he couldn't communicate to us, its location.
I don't know what my brother has said, but I do believe that the 'will', has corrupted David's mind.
I'm now worried that David is going to say something to Dad, which may end up killing him.
What do we do???
Thankyou to everyone for taking the time to read this. It is very complicated and I will do my best to answer any questions.
We just need help as to which way to go. My Mum and I just want the best for Dad, and thats it!
Thanks in advance.
Chris
My Dad, (who is 66 and called Maurice) had a massive stroke back in October last year. The doctors say that he has severe brain damage, and will never return to work.
He and my Mum own a Fork Lift Truck business which they have had for 25 years.
I'm 23 and had been working part-time with my Dad for around 8 years. I decided last year that I wanted my own business and i am now 2/3's of the way through to becoming a driving instructor. (which I funded)
My Dad had put the business up for sale prior to having the stroke.
Seven years ago (Jan 99'), my Dad fell off the side of a lorry, whilst he was repairing a crain arm. He cracked his skull and damaged the temporal lobe. After just two weeks, he returned to work, against our, and the doctors wishes.
His driving after the accident was terrible and scared my mum so much at one point, that in November 99', she made him go to the doctor. The Doctor said that he would have to inform the DVLA. My Dad was obviously not best pleased.
He had to attend an evaluation at the Bansted Mobility Center. Dad then, over the next seven years, regulary returned to bansted (so he said) for more evaluations. Everytime he came back he was frustrated and angry, but did descibe, in detail, the tasks that he had to perform.
There was never any documentation that came through to the house. Dads defence for this was that he didn't trust my Mum anymore, so had asked that Bansted send all correspondance elsewhere.
Obviously, when Dad had the stroke, we felt it necessary to inform Bansted that we wouldn't be attending anymore sessions with them. To our shock, they said that Maurice hadn't been there since April 2000', and that he had been signed off fit for driving socially, but not commercially on that date.
We then disscovered that the room at the hotel at which he had been staying, had been booked as Mr and Mrs Purvis.
I then found Viagra in his work van, and my Mum found some at home. My Mum and Dad hadn't had a sexual relationship for nearly three years.
So, it is pretty obvious that he was having an affair, and using Bansted as a cover story.
Obviously, my Mum was devastated. The Doctors say that is unlikely that he will be able to return home, but, even if he could, my Mum wouldn't have him home anyway. Mum has been very lonely over the years anyway and my Dad, to be honest, treated her like sh&t. Over the new year, she met someone. It was hard for me at first, but I understand. My Mum's intentions are for Dad to have the best possible care from his half of their house, assets etc, which will be split down the middle. My Dad doesn't know this yet.
Now here's the problem that we have. I have two half brothers and two half sisters from my Dads previous marriage. ( He split from Mary in 71') I have only ever been close to one of my brothers, David.
Dad gave David a copy of a will back in 1983, to deposit in a bank for safe keeping. David never read it. 3 weeks ago, David withdrew the will. I hav'nt read it, but from what I understand, it leaves the house to my Mum, and everything else to David. The will is copy, and it is not signed. We don't know where the original is.
For some reason, all of a sudden, David has got signitures from the other siblings, for David to act on their behalf. David now wants control of Dads half of the assets, including the business.(Even though my old man is still alive and is still marride to my mum!)
I have been running the business since Dad had the stroke, and for tax reasons, my Mum made me a non-profit sharing equal partner. David has never had anything to with the business (M.P.Engineering), but feels that he should be made an equal partner aswell. From what I can tell David is Jealous.
What legal rights does he have?
He went into see Dad on Sunday. When my Mum and I went to see him yesterday, Dad was very concerned about David. He can't speak properly yet, but he can understand what is going on. He kept saying David......David.....why? I said to Dad, 'Don't worry, i'll take care of everyting.'
He looked at Mum and I, and said 'Thankyou, thankyou!' We also managed to deduce from him that there is another will, but he couldn't communicate to us, its location.
I don't know what my brother has said, but I do believe that the 'will', has corrupted David's mind.
I'm now worried that David is going to say something to Dad, which may end up killing him.
What do we do???
Thankyou to everyone for taking the time to read this. It is very complicated and I will do my best to answer any questions.
We just need help as to which way to go. My Mum and I just want the best for Dad, and thats it!
Thanks in advance.
Chris
17 January 2006, 01:42 PM
#2
Scooby Regular
Join Date: Feb 2005
Location: Derbyshire
Posts: 12,304
Likes: 0
Received 0 Likes
on
0 Posts
Ouch - I'm not even going to atempt to unravel that one. See a solicitor, see one today, explain all this to them and find out what they think. It will cost a few quid, but at least you will know where you stand, even better if you can take your Mum with you. Hope you get it sorted!
17 January 2006, 01:45 PM
#3
Scooby Regular
Join Date: Jun 2001
Posts: 8,021
Likes: 0
Received 0 Likes
on
0 Posts
Families eh? Been through something similar. Best advice is to go and see a Family Solicitor, I'd recommend one but I'm sure you'll find one closer.
IMO, I'd make sure your Mum doesn't do anything to inflame the situation, get her behind you for the time being. If the will is unsigned it is not valid. If there is no will and your father dies intestate, your half siblings will have the same rights as you, however in court of law you may argue your share should be larger as you have worked the business. If there is a will, this is irelevant until your Father passes away.
IMO, I'd make sure your Mum doesn't do anything to inflame the situation, get her behind you for the time being. If the will is unsigned it is not valid. If there is no will and your father dies intestate, your half siblings will have the same rights as you, however in court of law you may argue your share should be larger as you have worked the business. If there is a will, this is irelevant until your Father passes away.
17 January 2006, 01:46 PM
#4
Scooby Regular
Join Date: Oct 2002
Posts: 566
Likes: 0
Received 0 Likes
on
0 Posts
Crikey,
i'm sorry for your situation but i can only urge you to get proffesional help, also try contacting the solicitor who made the will david has, see if his copy is different
hope it all goes well
i'm sorry for your situation but i can only urge you to get proffesional help, also try contacting the solicitor who made the will david has, see if his copy is different
hope it all goes well
17 January 2006, 02:00 PM
#6
Scooby Regular
Thread Starter
iTrader: (2)
Join Date: Apr 2004
Location: Somewhere in Kent, sniffing some V-Power
Posts: 15,029
Likes: 0
Received 0 Likes
on
0 Posts
MattW : Regarding the will, I don't want anything, not a penny. I just don't want david to able to have access the Dads assets, and basically, squander them. All of Dads assets will be be invested as to secure his funding for a good care home. I just believe that Dave wants his cut.
Regarding the Court Order, the doctor won't allow Dad to sign anything, so the only way would be to apply for guardianship, which involves writting to each family member seeking their approval. Most of the family are great and i'm sure would back us, but not the other siblings. They just seem to have £££ in their eyes.
Regarding the Court Order, the doctor won't allow Dad to sign anything, so the only way would be to apply for guardianship, which involves writting to each family member seeking their approval. Most of the family are great and i'm sure would back us, but not the other siblings. They just seem to have £££ in their eyes.
17 January 2006, 02:07 PM
#7
Scooby Regular
Join Date: Dec 2005
Location: donny
Posts: 34
Likes: 0
Received 0 Likes
on
0 Posts
as the man said get legal advice quick?don't try to be nice about it the other side won't be where money is concerned, milk everything you can and convert it to cash leave no paper trails
i had this problem a few years ago and tried to do it the nice way it seemed only fair,i got took to the cleaners good style
look after yourself now after will be to late.
good luck son.
i had this problem a few years ago and tried to do it the nice way it seemed only fair,i got took to the cleaners good style look after yourself now after will be to late.good luck son.
Trending Topics
17 January 2006, 02:09 PM
#8
Scooby Regular
Join Date: Jun 2001
Posts: 8,021
Likes: 0
Received 0 Likes
on
0 Posts
re Power of attorney - I'm no legal buff but I can't see that being the case. His affairs are your and your Mother's responsibility due to Business relationahip and Marriage. You'd have to go to court though.
re Will - Irrelevant while your Dad is alive.
From the CAB site
If someone who is, or is becoming, mentally incapacitated has not already created an enduring power of attorney, and you wish to manage their financial affairs, you will need to apply to the Court of Protection or Office of Care and Protection in Northern Ireland, to be appointed as a receiver in England and Wales, or a controller in Northern Ireland. You should contact the Public Guardianship Office (PGO) (Office of Care and Protection in Northern Ireland, who will send you the relevant forms and information on how to apply, including details of fees (see under heading Further information ).
If the Court of Protection appoints you as a receiver (controller in Northern Ireland), you will take control of the person's financial affairs and property and act on their behalf. You will be required to open a bank account in your own name as receiver (controller in Northern Ireland), and you will need the Court's permission before making any decisions about capital, such as the incapacitated person's home or other property. You will usually be required to present yearly accounts of the person's finances.
In certain cases, where the incapacitated person's assets are valued at less than £16,000, you can usually apply to the Public Guardianship Office (PGO) (Office of Care and Protection in Northern Ireland), for directions that, if granted, mean that the Court of Protection (Office of Care and Protection in Northern Ireland), does not need to appoint a receiver (controller in Northern Ireland). This is a less formal arrangement, but every situation still needs to be fully assessed individually by the PGO and the Court of Protection (Office of Care and Protection in Northern Ireland), in order to decide whether directions would be appropriate. Contact the PGO or Office of Care and Protection in Northern Ireland, for further details and the appropriate forms.
re Will - Irrelevant while your Dad is alive.
From the CAB site
If someone who is, or is becoming, mentally incapacitated has not already created an enduring power of attorney, and you wish to manage their financial affairs, you will need to apply to the Court of Protection or Office of Care and Protection in Northern Ireland, to be appointed as a receiver in England and Wales, or a controller in Northern Ireland. You should contact the Public Guardianship Office (PGO) (Office of Care and Protection in Northern Ireland, who will send you the relevant forms and information on how to apply, including details of fees (see under heading Further information ).
If the Court of Protection appoints you as a receiver (controller in Northern Ireland), you will take control of the person's financial affairs and property and act on their behalf. You will be required to open a bank account in your own name as receiver (controller in Northern Ireland), and you will need the Court's permission before making any decisions about capital, such as the incapacitated person's home or other property. You will usually be required to present yearly accounts of the person's finances.
In certain cases, where the incapacitated person's assets are valued at less than £16,000, you can usually apply to the Public Guardianship Office (PGO) (Office of Care and Protection in Northern Ireland), for directions that, if granted, mean that the Court of Protection (Office of Care and Protection in Northern Ireland), does not need to appoint a receiver (controller in Northern Ireland). This is a less formal arrangement, but every situation still needs to be fully assessed individually by the PGO and the Court of Protection (Office of Care and Protection in Northern Ireland), in order to decide whether directions would be appropriate. Contact the PGO or Office of Care and Protection in Northern Ireland, for further details and the appropriate forms.
17 January 2006, 02:56 PM
#9
Scooby Regular
Join Date: Feb 2001
Posts: 9,307
Likes: 0
Received 0 Likes
on
0 Posts
doesnt sound to hard for a solicitor to sort out.....the Will doesnt matter as no one is dead - the assets are house and comapny and their ownership (and control) is easy to establish.
as an aside (and a bit late now) but an up to date Will and Enduring Power of Attorney is a must for just about anyone - and this shows why.
as an aside (and a bit late now) but an up to date Will and Enduring Power of Attorney is a must for just about anyone - and this shows why.
17 January 2006, 03:30 PM
#10
Scooby Senior
iTrader: (2)
Join Date: Jan 2004
Location: England
Posts: 18,358
Likes: 0
Received 0 Likes
on
0 Posts
I can understand your worries and need to vent your anger but this forum is not the appropriate place to get the answers you require. Instruct a Solcitor as soon as possible, if you don't then David will......
17 January 2006, 04:09 PM
#11
Scooby Regular
Join Date: Jun 2003
Location: use the Marauder's Map to find out.
Posts: 2,041
Likes: 0
Received 0 Likes
on
0 Posts
As others have said, you need to see a solicitor.
Regarding the Will, if there is a more recent Will than the 1983 one is now null and void. You need to locate this one.
Regarding the Will, if there is a more recent Will than the 1983 one is now null and void. You need to locate this one.
Last edited by douglasb; 17 January 2006 at 04:37 PM.
17 January 2006, 04:16 PM
#12
Scooby Regular
Join Date: Oct 2000
Location: same time, different place
Posts: 11,313
Likes: 0
Received 4 Likes
on
2 Posts
Can you get the location of the new will from him by elimination? Is it in England, is it in this county, is it in the premises of the house, is it in the house itself... etc.
True that a will isn't valid (yet) but it might help.
True that a will isn't valid (yet) but it might help.
17 January 2006, 06:35 PM
#13
Scooby Regular
Thread Starter
iTrader: (2)
Join Date: Apr 2004
Location: Somewhere in Kent, sniffing some V-Power
Posts: 15,029
Likes: 0
Received 0 Likes
on
0 Posts
We went to see a family solicitor this morning. She basically confirmed that my brother is talking out of his backside and that my Mum is in complete control. Problem that we do have is that she wasn't sure about the situation regarding any assets in joint names, and whether or not any of them can be sold to raise some money for Dads care. 
The solicitor is going to clarify the situation and get back to us.
I'm just surprised at how evil some people can be. Still, better the devil you know!
Thanks for all the info everyone, I just felt I needed some impartial advice!
Chris
The solicitor is going to clarify the situation and get back to us.
I'm just surprised at how evil some people can be. Still, better the devil you know!
Thanks for all the info everyone, I just felt I needed some impartial advice!
Chris
Last edited by Gear Head; 17 January 2006 at 06:43 PM.
17 January 2006, 09:18 PM
#14
Scooby Regular
Thread Starter
iTrader: (2)
Join Date: Apr 2004
Location: Somewhere in Kent, sniffing some V-Power
Posts: 15,029
Likes: 0
Received 0 Likes
on
0 Posts
We may have located my Dads other Will. My Mum was trying the elimination technique tonight with Dad. When my Mum mentioned a certain solicitor, my Dads eyes lit up and he said 'Yes, yes.' Turns out it is a legal company opposite my Dads old Kent Reliance savings branch! So hopefully, the company will be able to inform us if there is a more current will, and also when it was last amended.
Again, we don't want to know whats in it, we just want my brother to pull his head out of his backside!
Will keep everyone posted, and thanks again for all the support.
Familie's eh!
Again, we don't want to know whats in it, we just want my brother to pull his head out of his backside!
Will keep everyone posted, and thanks again for all the support.
Familie's eh!
17 January 2006, 10:01 PM
#15
Scooby Regular
Join Date: Oct 2000
Location: same time, different place
Posts: 11,313
Likes: 0
Received 4 Likes
on
2 Posts
Chris, it's a nice read, but I honestly suggest you don't keep us posted until well after the event. Threads on this site turn up with google, you know 
Thread
Thread Starter
Forum
Replies
Last Post