Contesting a Will as Next-of-Kin

Manxman_in_exile

There's nothing to prevent somebody from visiting their GP in order to assess their capacity to make a will.  A prospective testator may decide it prudent to do so if they are planning on making (or have made) a will that might appear to be contoversial to, for example, members of their family, and might otherwise give rise to their capacity being called into question.  It helps to head off any possible problems in the future - a bit like a letter of wishes.

But that doesn't mean that there is any requirement for a medical professional to pass judgment on a testator's capacity to make a will.  It's a legal test (does the testator know what they are doing?) not a medical one, and a solicitor can decide if the client has capacity.  If unsure, a solicitor may decide to seek a medical opinion - but it isn't manadatory.  (To be fair - it's not much of a test to "know what you are doing".  Most people suffering from a clinically recognised mental illness will still "know what they are doing".)

RomfordNavy

It is beginning to look like next-of-kin is significant and can apply for 'Letters of Administration' even though they are not mentioned in the Will.

elsien

Next of kin is not significant.
What is significant is the degree of relationship with regards to who would be expected to apply in the first instance. 
Applying for probate: Who can apply - GOV.UK (www.gov.uk)

Manxman_in_exile

RomfordNavy said:

It is beginning to look like next-of-kin is significant and can apply for 'Letters of Administration' even though they are not mentioned in the Will.

Please!  You need to stop repeating "next of kin", "next of kin" as if it means anything.  As has already been explained by many posters, NoK has absolutely no legal significance whatsoever.  When someone gets admitted to hospital and they are asked to nominate their NoK it's just an old-fashioned (and frankly lazy) way of asking who the hospital should contact in case of emergency.  It has absolutely nothing to do with inheritance.

I don't know if the link elsien has given is 100% accurate* or not, but let's assume it is.  As your uncle did leave a will it appears to say that only a beneficiary named in the will can execute it if the named executor renounces.  That seems clear.  If there are no other eligible beneficiaries named in the will, just contact the charities and let them sort it out.  Is your uncle still unburied?


*Of course, as it's an official .gov.uk website one would hope it is accurate and reliable but, regreattably, that is not always the case.

Manxman_in_exile

And if it is in fact correct that an eligible relative (not "next of kin") can administer the will even if they are not named in it, why has it taken so long to establish this fact?  I'm sorry but everyone seems to have been more concerned about not being named in the will or in empty speculation about whether he'd been pressured into changing it rather than ensuring that he gets buried!!!

TBagpuss

Spendless said:

Flugelhorn said:

why would GP be involved in making an assessment before a patient made a will? they don't get involved in mental capacity assessments for that sort of thing - it is down to the lawyers to assure themselves that the person knows what they are doing. 

When someone is approaching end of life the palliative care  team will often mention that they may wish to "tie up any legal matters eg make a will if they haven't already" 

I'm still catching up with this thread, but I mentioned something about this earlier. My son's Uni mate's parent died last year. 12 years earlier he had been in a RTA which had caused him injuries to always need carers from then on (he could still walk/talk) . Uni mate was at our house recently and showed me paperwork relating to his Dad's death, one of them was a report from his GP that logged certain details of appts and dates. Just under a month before he died, there was a date and the comment read 'assessed for capacity to make a will'
No more information, not what the GP's verdict was, so yes it happens I've seen the written evidence of it, but I can't tell you why.  

The lawyer making the will would make an initial assessment as to whether the person has capacity.
If they are happy that they do, then they go ahead and make the will.

If they have any doubts or concerns, or if they think it is an issue which may come up later on (for instance, where the testator is elderly and/or in poor health, and is making significant changes to their will, or where they provide information which suggests that there is someone who might try to dispute the will)  then they would normally recommend that there is a professional assessment from a Doctor - this could be the GP, especially if the GP is someone who knows the testator 

Spendless

TBagpuss said:

Spendless said:

Flugelhorn said:

why would GP be involved in making an assessment before a patient made a will? they don't get involved in mental capacity assessments for that sort of thing - it is down to the lawyers to assure themselves that the person knows what they are doing. 

When someone is approaching end of life the palliative care  team will often mention that they may wish to "tie up any legal matters eg make a will if they haven't already" 

I'm still catching up with this thread, but I mentioned something about this earlier. My son's Uni mate's parent died last year. 12 years earlier he had been in a RTA which had caused him injuries to always need carers from then on (he could still walk/talk) . Uni mate was at our house recently and showed me paperwork relating to his Dad's death, one of them was a report from his GP that logged certain details of appts and dates. Just under a month before he died, there was a date and the comment read 'assessed for capacity to make a will'
No more information, not what the GP's verdict was, so yes it happens I've seen the written evidence of it, but I can't tell you why.  

The lawyer making the will would make an initial assessment as to whether the person has capacity.
If they are happy that they do, then they go ahead and make the will.

If they have any doubts or concerns, or if they think it is an issue which may come up later on (for instance, where the testator is elderly and/or in poor health, and is making significant changes to their will, or where they provide information which suggests that there is someone who might try to dispute the will)  then they would normally recommend that there is a professional assessment from a Doctor - this could be the GP, especially if the GP is someone who knows the testator 

Interesting because said person then died just under a month later without having made a will. Was he judged not to have capacity at that point, or just didn't want to make one - I suppose we'll never know. Son's friend was contacted by a solicitor about his parent's death (friend was staying with us at the time). They had been involved with the deceased finances since the RTA (subject of a huge compensation claim).   

Robin9

My MIL consulted a solicitor , agreed the content, got the draft but deteriorated rapidly and died 3/4 weeks later before it could be signed. The beneficiaries of the existing will honoured MIL's latest wishes (gifts to neighbours)

sheramber

Robin9 said:

My MIL consulted a solicitor , agreed the content, got the draft but deteriorated rapidly and died 3/4 weeks later before it could be signed. The beneficiaries of the existing will honoured MIL's latest wishes (gifts to neighbours)

That depends on the beneficiaries agreeing. My aunt made a will but also left a notebook with a list of personal possessions and who was to get them. Some items had value , some didn't.

 The executor carried  out these wishes  and nobody objected. 

In this case the family are more concerned about what they didn't get than paying their last respects to a supposedly dear relative.

p00hsticks

sheramber said:

Robin9 said:

My MIL consulted a solicitor , agreed the content, got the draft but deteriorated rapidly and died 3/4 weeks later before it could be signed. The beneficiaries of the existing will honoured MIL's latest wishes (gifts to neighbours)

That depends on the beneficiaries agreeing. My aunt made a will but also left a notebook with a list of personal possessions and who was to get them. Some items had value , some didn't.

Yes we also did it like that - my brother left all the house contents to me in his will, as that was simplest, but then started building up a list of things that he specifically wanted freinds and relatives to have. He knew that I'd make sure I carried out his wishes.