Court of Protection - complicated- Can you Appeal?

[Celibin]

Will try to keep it as simple as poss. A and B living together for 30 years in their later years. A owns the property and B started as paying tenant but ended up a partner. A has no children just 2 siblings overseas. B has 2 living children some 100 miles away. A is placed into care with dementia. B has insufficient funds to remain in the house and goes into an old persons home.A has made a will while of sound mind with A and one sibling as benficiaries-Sibling placing pressure for all the money and we have originals letters in which A refuses and insists B is also beneficiar aswell as other sibling. Due to this pressure A makes further will splitting estate between 2 siblings and B -but of sound mind? Sibling goes to Court Of protection and gets deputy status AND gets both wills revoked in his favour. B wants to protest but learns sibling has got all the doctors etc to say she was not of sound mind for either will etc. Obiously power and money speaking here. Executor of will stating all through A does want her estate split but ignored by Court. Any advice? A is otherwise healthy and we are appauled this can be done before someone is dead

[mumblechum1]

I strongly recommend that you seek advice from a solicitor specialising in contested probate very soon, even though this isn't a probate case, because they will have used counsel who will have experience in CoP law.

I'm a family lawyer and will writer but don't deal with this sort of stuff and to be honest, spending some money on an expert opinion would probably be worthwhile.

If A had died, then B would possibly have a claim under the Inheritance (provision for family and dependents) Act 1975, but as A is still alive, he/she would have to think of other options.

[Celibin]

Thanks I will do. We were great friends of A and now may not see her when we know she liked us so much.She is all alone. Even worse not one penny of her money belongs to her family: it was all earned by her and is hers!

[Collaborate]

There are solicitors who are on the court of protection panel The court is extremely helpful and should give you a list of those local to you.

[Celibin]

I think if the doctors have been paid to do the siblings will rather than that of the person the court is protecting we would have a strong case