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Worries re proceeds of house sale going to drug addict

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Comments

  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JakiT wrote: »
    Would her daughter need to be seen in order for the Court Of Protection to decide she lacked capacity or would they go on my friend's say-so?

    Would you like someone to go to the CofP and take over your affairs without you being consulted and assessed? :(

    Unless the daughter is unable to run her own life in very substantial ways, there isn't a chance of succeeding.

    The legacy has been left and the executors will have to comply with the will.

    It's heartbreaking when you know that the money will be used in a destructive way but, unless the beneficiary agrees to vary the will, the executors will have to pay out.
  • JakiT
    JakiT Posts: 95 Forumite
    No, I wouldn't Mojisola and this is partly why I posted because I was worried about her daughter's rights even though there's a chance she could squander the money. Her mother is obviously worried and wanting what's best for her and doesn't think she's in a fit state at the moment to deal with her financial affairs in a responsible way
    "First they came for the Socialists..."
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    JakiT wrote: »
    No, I wouldn't Mojisola and this is partly why I posted because I was worried about her daughter's rights even though there's a chance she could squander the money.

    Her mother is obviously worried and wanting what's best for her and doesn't think she's in a fit state at the moment to deal with her financial affairs in a responsible way

    It's so hard to deal with these things when you're grieving - such a sad position for the mother to be in.

    Unfortunately there's no law that says a beneficiary has to handle an inheritance in a responsible way.

    Executors can make interim payments while the estate is being settled - would there be any benefit in the daughter being given her inheritance in smaller lots spread out over time?
  • JakiT
    JakiT Posts: 95 Forumite
    Yes, maybe that's a possibility. Maybe she could also put it in a trust for her daughter? I don't know much about these things but have heard that this can be done but presumably her daughter would have to agree. Thanks for your suggestions.
    "First they came for the Socialists..."
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