Will change after dementia diagnosis?

SevenOfNine

MiL & FiL have had mirror wills for years (own home & about 25k savings).

Up until now (they're 88 & 90 yrs old) it was to each other on first death, then on 2nd death 50% split between their 2 sons and remaining 50% split between 4 grandchildren. For some reason they've decided to just split it 50% each to sons (excluding grandchildren now).

TBH we're not bothered what they do (it's their money & 'inheritance' can't half bring out the WORST in families). I'm just interested in what problems we might encounter given that FiL has been diagnosed with dementia so MiL is the driving force behind the sudden need to change it all.

There's no expectation that any of the grandchildren might turn nasty, but IF they did...........???

Of course, there's always the possibility there'd be nothing much left if MiL died first as FiL would have to go into a care home anyway, but I don't think that's a discussion any of us are going to have with her!

g6jns_2

SevenOfNine wrote: »

MiL & FiL have had mirror wills for years (own home & about 25k savings).

Up until now (they're 88 & 90 yrs old) it was to each other on first death, then on 2nd death 50% split between their 2 sons and remaining 50% split between 4 grandchildren. For some reason they've decided to just split it 50% each to sons (excluding grandchildren now).

TBH we're not bothered what they do (it's their money & 'inheritance' can't half bring out the WORST in families). I'm just interested in what problems we might encounter given that FiL has been diagnosed with dementia so MiL is the driving force behind the sudden need to change it all.

There's no expectation that any of the grandchildren might turn nasty, but IF they did...........???

Of course, there's always the possibility there'd be nothing much left if MiL died first as FiL would have to go into a care home anyway, but I don't think that's a discussion any of us are going to have with her!

It depends FIL still has the mental capacity to change his will. It is not a case where they can safely DIY. A solicitor would need to be satisfied that FIL had mental capacity. It is unlikely that the grandchildren would have any grounds to challenge a will.

Mojisola

SevenOfNine wrote: »

MiL & FiL have had mirror wills for years (own home & about 25k savings).

Up until now (they're 88 & 90 yrs old) it was to each other on first death, then on 2nd death 50% split between their 2 sons and remaining 50% split between 4 grandchildren.

For some reason they've decided to just split it 50% each to sons (excluding grandchildren now).

There's no reason why MIL can't change her will.

Even after a dementia diagnosis, people can have clear periods. If the solicitor is happy that FIL understands the proposed changes (and wants to change his will), a new one could be drawn up.

M_J_H

You should also consider the status of any property they own.

It is possible to serve a notice on a person with Dementia that separates legally any joint finances that a couple have.

It is also possible to change the ownership of property to Tenants in Common (from joint tenants) where one person owns a set proportion (usually 50%) of a property.

Unfortunately many people have 'mirror' wills that become inappropriate in old age and could potentially mean that grandchildren get nothing as happened with my parents.

A person with capacity can change a will - and probably should get a power of attorney sorted out. It is almost impossible to change a will if a person has lost capacity.

I would advise speaking to a solicitor who is a member of the 'Solicitors for the Elderly' for detailed advice. The changes I suggest above were made for my Aunt and Uncle who simultaneously went into a nursing home. Aunt has dementia and now, three years later at £1,000 a week has run out of money so an application to the council has been made for funding. They cannot access Uncle's money due to the above - he has another few months until his runs out.

SevenOfNine

Power of Attorney has been set up, using Mojisola's phrase "in a clear period", but TBH though I think their jointly owned home and finances (20k in a joint, non interest bearing current a/c) could & should be much better sorted out, I don't want to meddle or make suggestions which would perhaps upset my MiL (& make me look like a money grabbing vulture).

I'm was really just concerned about what can of worms might be opened if FiL, whilst having sadly already lost most of his marbles, changed his Will at this stage (even though my husband, & me by default, will benefit more by it).

Hopefully the solicitor they've chosen will help them make good decisions from a neutral standpoint (but if he/she lists themselves as Executor there'll be TROUBLE).

Mojisola

SevenOfNine wrote: »

I'm was really just concerned about what can of worms might be opened if FiL, whilst having sadly already lost most of his marbles, changed his Will at this stage (even though my husband, & me by default, will benefit more by it).

Hopefully the solicitor they've chosen will help them make good decisions from a neutral standpoint (but if he/she lists themselves as Executor there'll be TROUBLE).

The solicitor should refuse to write a new will unless he/she is sure that your FIL is fit to make decisions.

rpc

SevenOfNine wrote: »

Power of Attorney has been set up, using Mojisola's phrase "in a clear period",

Note that an ordinary power of attorney loses effect if the donor loses capacity. At that point, you would need a Lasting Power of Attorney (which must be set up before capacity is lost) or you have to apply for deputyship.

I'm was really just concerned about what can of worms might be opened if FiL, whilst having sadly already lost most of his marbles, changed his Will at this stage (even though my husband, & me by default, will benefit more by it).

The disinherited grandchildren challenge the new will on grounds that the testator lacked capacity when it was made. Much heartache all round and a big chunk of the estate ends up with solicitors and barristers.

If the will is to be changed, get it done properly and record as much evidence as you can that the testator had capacity at the time they made the changes.

[Deleted User]

g6jns wrote: »

A solicitor would need to be satisfied that FIL had mental capacity.

Does a solicitor have the authority and competence to make that decision? If a solicitor made a new will when he has no medical qualifications wouldn't that be grounds for challenging it?

Last year I was chatting with a nice old man in the hospital bed opposite mine. I had a perfectly rational lucid conversation with him, and had no reason to think there was anything wrong at all, but a while later he started the same conversation again with the same questions. Then again, and again, and so it was for the rest of the week.