Dementia sufferers and wills

 

A shock decision was taken by a judge recently regarding a woman who changed her will whilst suffering from dementia. Despite not having a solicitor present nor a medical examination, the deceased was later declared mentally fit enough for the will to be declared valid. Previously, the woman’s will had seen the majority of her estate left to her eldest son, who not only ran the family company, but who took his mother in and cared for her, for the last decade of her life. It was at her birthday party in 2005 – a party at which her eldest son wasn’t present; that the woman changed her will, despite suffering from mild to moderate dementia. This change saw all her three remaining children benefiting equally from her estate. Accusations of forgery and coercion were hurled both ways during this recent trial, even after three years of legal battles. However, in the end, the judge ruled that the elderly should be able to document their wishes in a will, even with an impaired mental capacity. This latest will therefore, was declared valid.

If you have a family member suffering from dementia or perhaps they have been diagnosed with an early onset of Alzheimers it is vital to act fast with regards to Lasting Power of Attorney (LPA).  We can provide the LPA for a fixed cost.  Remember these things are always more expensive and troublesome if left.

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