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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good afternoon - my 90-year old widowed Aunt, who has no children,

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Good afternoon - my 90-year old widowed Aunt, who has no children, has been diagnosed with dementia/Alzheimer's and has not made a will. My brother, uncle (her brother) and myself have Lasting Power of Attorney. We know her wishes regarding her estate when she passes away. She does not want to go to a solicitor to make a Will, even if she could still make one, as she says we know what she wants. Would an Advance Decision suffice? We feel we need to have something in writing. Thank you. Wendy
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What does she wish to happen - and did she have more than two siblings?
Clare
Customer: replied 3 years ago.

Hi Clare


My Aunt has a sister who is 92. She wants her estate (which is very modest) to be divided between myself, my three siblings and her step-son. I discussed this with her again last week as she was having a good day but she has always stated that this is her wish as being childless herself and having lived with my late parents, my siblings and myself when we were small and before her marriage she regards XXXXX XXXXX "her children". She specifically stated that she did not want anything to go to her sister, although they are on reasonably amicable terms.


Wendy

Expert:  Clare replied 3 years ago.
Hi
Unless your Aunt is able to make a Will then I am afraid that in the event of her death the Intestacy Rules will apply and her estate will be divided into three parts with one part going to her brother; one to her sister and the third being divided between you and your siblings (assuming your parent who was her sibling has died)
There is no way around this in the absence of a formal Will.
If she does not have mental Capacity but can still express her wishes clearly then you could consider applying to the Court Of Protection for a Statutory Will to be made
Details here
http://www.access-legal.co.uk/free-legal-guides/What-is-a-statutory-will-5008.htm#.U0QkV3ewJr4
I hope that this is of assistance - please ask if you need further details
Clare
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