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fridaysgirl

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  1. anyway before i pop off to do my evening shoppin...i assume you's dont think it possible for me to gain some information about a bank account that was opened so long ago...... also is the craveat procedure different in northern ireland & scotland process different to england and wales i know u need to submit the name address and date of death of the person as well as your own name and a fee of £15 for england and wales but cannot find any information about scotland and northern ireland
  2. yeah but the 'Access to Health Records Act 1990' is the law .....and it states Right of Access to Health Records (1) An application for access to a health record, or to any part of a health record, may be made to the holder of the record by any of the following, namely (f) where the patient has died, the patient's personal representative and any other person who may have a claim arising out of the patient's death
  3. hmm .....the solicitor hasnt done anything really ....all the informatiton gathered has been as a result of me.... the only thing he did was send the notes off to a consultant ...when it came abck he told us that he didnt think we had a case ...then teh barrister that he had consulted with suggested that it may be worthwhile accessing the pychiatrists records, since i had done such a good job collating all of the information ... its an extremely complicated case to say the least
  4. how do i get the certificate ...i would need all teh medical documetns as well from him if we are too - would rather get them straight awwy of him than ask another solicitor to request them as it could be further delay .... does that transferring to different solictor apply to every area of teh UK its just laws in northern ireland sometimes are different to laws to the rest of uk.. hey i know myself my father has a case i am 100% sure of it ....and every time i go into a solicitor whether it has been teh one that drew up my grandmothers will or this one that has the legal aid - i am constantly fighting with them....in terms of they keep saying you know it doesnt look good.. the only thing i need the law for is to confirm it in court and stammp the approval ....but again the dr's recrods and the reports is were it all hinges ...my sisters a dr and i would like her to get a look at the records never mind all of the consultants so that we can pull out the facts which support the case ...but i suupose the onus is on us to prove undue influence, lack of understanding of what she had to give away and the terminology used and mental incapacity ...after all the solicitor that made the will didnt even know what she owned never mind her knowing her self ...he just looked at the farm map and went from there...never checked folios and ownership at all..... just went with the original farm map.....not bothering to check for himself if any of the land changed hands .....
  5. yeah i know all about accessing the records ..... Right of Access to Health Records (1) An application for access to a health record, or to any part of a health record, may be made to the holder of the record by any of the following, namely - (a) the patient; (b) a person authorised in writing to make the application on the patient's behalf; © where the record is held in England and Wales and the patient is a child a person having parental responsibility for the patient; (d) responsibility for the patient; where the record is held in scotland and the patient is a pupil, a parent or guardian of the patient; (e) where the patient is incapable of managing his own affairs, any person appointed by a court to manage those affairs; and (f) where the patient has died, the patient's personal representative and any other person who may have a claim arising out of the patient's death (http://www.opsi.gov.uk/acts/acts1990/ukpga_19900023_en_1) Also if you refer to the Department of Health website it informs you the following: Application for deceased person's health records Question What are the rights of access to a deceased persons’ health records? Answer Health records relating to deceased people do not carry a common law the duty of confidentiality. However, it is Department of Health and General Medical Council policy that records relating to deceased people should be treated with the same level of confidentiality as those relating to living people. Access to the health records of a deceased person is governed by the Access to Health Records Act 1990. Under this legislation when a patient has died, their personal representative or executor or administrator or anyone having a claim resulting from the death (this could be a relative or another person), has the right to apply for access to the deceased’s health records.
  6. yes the solicitor that made her final will who made all of teh wills she made - told us in his office - before we realised that he had made a hash job of it all and he knew we were going to contest it - because there was nothing left and they had taken it all... anyway he told us that they were in teh farm house......him and his secretary went out to the farm house and the 3 of them were ther e....since my dad and none of us were present we dont know how he did it - wheter he took her apart from them - but i hardly think either the 3 of them or the solicitor will admit to this as it puts both him and them in trouble ... yes the 2 sisters went to a differnt solicotr 6 months prior to granny died and got her to sign over the land from granny to them. when we went to her dr initially to enquire about the medical records - the dr informed my father that she recalled the solicitor ringing about grany and that she advised her not to do it - on the grounds that she wouldnt be fit to do it - understand what was going on. this dr's father was my granny's dr and she in turn took over - so she would know the family situation and my granny really well - we got the dr's records and they were sent strating the to hte solicitor - he in turn sent them off to the consultant for him to do a report ....i am not sure whetehr it is in her medical notes or not...as we have never seen tehm ourselves
  7. PS you can change solicitors if you can find another legal aid franchise probate expert the certificate goes with you... what certificate...... to date it has been me that has driven this whole matter got the records and contact details and so on... have you more details on this?? i'll mention it to the family.... and get a democratic vote on wat to do ....its been dragging out now for a few years ...and were still getting medical data. because of waitng on legal aid and the solicitor being just plain slowww
  8. oh and regards to the 14k - the whole family i.e. grandmother and the other children knew he took it.. gran demanded the money back from him - he gave her half of it back and told her that was it - he insists thats all was there..... she never got more than that back..... i wanted to know how if i could access these records - as i wanted to help build up a case for my father -illlustrating that all of his siblings but him inherited something from their parents estate....legally and illegally........ the stronger the case i have against each of them - the more willing they will each become to settle the case - and my father hopefully receive his equal share - at teh moment he will be lucky to get 3 acres...... yes all three beneficiaries were present - the 2 sisters and brother took all of the estate my grandmother had in her name since my grandfathers death...in fact even though she bequeathed them to my father and his brother in = shares - they took it all off her before she even died by signing it over.... 6 months before she died the two girsl signed over land from her to them with a solicitor that has never had a thing to do with the family in fact she just opened her own firm... the dr advised against it when the solicitor contacted them
  9. reason for not responding i didnt see the responses in my inbox i think i must have deleted them .... we have been with a solicitor and unfortunately he isnt great .....not probate expert ...but cannot change him as my father is receiving legal aid as it stands we are waiting on the psychiatric records ....the dr refused to send them otu to the solicitor even though we provided them with executor letter telling him to relase the records to teh solicitor ...he wanted my aunts signature - but sure why would she give it -when she will not gain from it ....anyway by law he has to release them ...so i haev sent a letter to the head of the records department in the hospital asking them to release the records and inform me as to why they have not already been done especially since we have abided by there procedures....at one stage they informed the solicitor that her records could not be found....so this delayed it for a long time....
  10. dr's records show she had dementia - she did that test mmse 3 times - and it showed she had dementia ....though not severe ...records state that she had anxiety , depression etcc... a consultant report states that it cannot say conclussively if she had mental capacity.... we are awaiting the pyschiatric records - which has to date taken 7 months to get - still waiting... my grandmother did not know what she had to give away - if she knew teh land she inherited from her husbands estate was no longer hers to give away the minute she died - she would not have through over 15 wills leave my father 1/2 of a share of it .....i doubt she would even co-sign my uncle as owner if she understood what it meant. the solicitor did not check what she owned was hers to give away - so she was not informed when she made her will the solicitor should not have made the will in the presence of 3 siblings with 2 absent - especially when there was a major change to the will to the 2 sisters when it was all through a period of 15 years left to the 2 boys of my dad - especially when my dad who was previously the beneficaiay was not present - undue influence.....one of the daughters told her that she would drown herself if she didnt change the will because it benefited my father...of course my father was kept in the dark through out the daughters solicitor should never have signed her land away 6 months prior to her death - esepcially when she did not know the situation and the people that were benefiting were there - and the person was elderly - adn the dr advised against it my gran was in and out of a mental institution
  11. i spent an hour responding to this and the fecking thing disappeared when i went to preview rite quickly i'm trying to build up my knowledge base of waht happened with granparents estate grandmother died - made a will bequeaths her property to my dad and younger brother 10 years before death - brother becomes co-owner of large part of the land and on her death full owner grandmother - made will land she inherited on her husbands death (he died intestate) she left in all of her wills to dad and his bro each with a half. land she brought to marriage - she left to my dad and his brother or to my dad on his own - in all of her wills but the final will ...were suddenly it is left to the 2 sisters she was in and out of mental institution since her husband died she had a psychiatrist... 10 years before she died the brother became co-owner of husbands land full owner of her death....my dad never knew 6 months before she dies the two sisters transfer ownership of land into their names - her dr advises the solicitor (who is only a new solicitor with a new firm - doesnt know anything about the family situaition) not to do this.. this is done in the presence of the 2 sisters and brother that inherited the share of the estate that she inherited from her husbands death. when her final will was made teh solicitor that made teh will stated that the same three people were present . my dad and his other brother never present.
  12. Not sure whether anyone can help on this forum at all! but thought i may as well try. I want to access my grandfathers bank records. He died 25 years ago. So for a start i am not even sure whether it is possible to access these records, as i know that medical records are normally only retained for a max of 10 years. He lived in the UK, however the bank records i want to access were held in Ireland. I need to access them in relation to sorting out my grand parents estate. when he died he did not make a will, and my uncle went to the bank the day he died and withdrew 14,000 from his account. He presented his bank book and forged his name!. I need these records as proof that the money was withdrawn on the day he died. Can anyone help? Is it possible to get access after so long. I dont know his account number or any of those details - but we know the branch - the date the money was withdrawn, his home address and the account holders name. If it is possible does anyone know the process??? Who to contact and so on. Thanks
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