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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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My Dad lost his wife (my mum) 22 years ago, He has since remarried,

Resolved Question:

My Dad lost his wife (my mum) 22 years ago, He has since remarried, All of his properties in which he owned are I believed signed over to his wife. Sometime ago before he developed dementia, he told my brother & I, there was a codicil made out leaving his home to my brother & I, We have since discovered that a will he made was changed 18 months ago after he developed dementia. Is it legal for his wife to get our Dad to change his will while suffering dementia? and us (my brother & I) not being informed
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Have you seen the codicil or the earlier will?

Has the dementia been diagnosed by a doctor?

Was the new will done at a solicitor?

How long has he been married to your stepmother?
Customer: replied 3 years ago.

No to the earlier will/Codicil was mentioned by my Father to us before dementia, some time ago,


Dementia has been diagnosed,


New will was done in the presence of a solicitor/We don't think the solicitor was aware of Dad's dementia,


Dad has been married I believe 14 years

Customer: replied 3 years ago.

No to the earlier will/Codicil was mentioned by my Father to us before dementia, some time ago,


Dementia has been diagnosed,


New will was done in the presence of a solicitor/We don't think the solicitor was aware of Dad's dementia,


Dad has been married I believe 14 years, He is 84, She is 69

Expert:  Jo C. replied 3 years ago.
The fact that the will was drafted by a solicitor harms any claim that you may make that your father was suffering from dementia because the solicitor will have satisfied himself that your father was not being pressured into doing this and that your father knew what he was doing.

In the early stages of dementia it is quite common for people to have perfectly good day years and know exactly what they are doing. Solicitors ask a series of questions such as what day of the week is it, what is your full name, who am I, why are you here, who brought you here, where do you live, how did you get here etc.?

The fact that your father has been married to your stepmother for 14 years also does not assist you because it is very difficult to contest a will where a husband has left everything to his spouse albeit a second marriage.

You would have to prove that your father had been under some kind of undue pressure to change his will and that is why he changed it from leaving the house to you and your brother and not his wife. It is also worth me telling you that even if he had left the property to you and your brother unless he left his wife the right to live in it for life, she could quite easily contest that. Indeed, she could actually contest it even if she was granted the right to live in it for life if there was a requirement whereby she needed some money.

I'm sorry to have to tell you that I do not think, from what you have told me, you have a strong case to challenge the new will. It would be worthwhile speaking to your father's Dr to see whether he is of the opinion that, at the time the will was done, your father would have been capable of giving coherent instructions.

Can I clarify anything for you?
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