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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6967
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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my dad died on Wednesday night. he updated is will Wednesday

Customer Question

my dad died on Wednesday night. he updated is will Wednesday afternoon. he was quite confussed about things at the time. he had been telling everyone for quite a while the changes he wanted to make but what he has done it very different. is this new will legal given his confusion at the time
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.

A person making a Will must have the mental capacity to make the Will. This means they must understand the terms and that they are making a Will. Where someone is elderly and ill a presumption can arise that they lacked capacity. This is usually dealt with by asking a doctor to confirm that they did understand sufficiently to have capacity. If your father was both confused and had been discussing altering his Will to terms different from the one made then a presumption that he did not have the mental capacity to make the fresh Will would arise and it can be challenged.

I hope this helps. If there are further points please reply

Best wishes

Michael

Customer: replied 2 years ago.

my father had the doctor Tuesday and asked him if he wanted to go to the hosp he said yes but the doctor took us aside and said she thought he was too confussed to make that decision so in your opinion would that then suggest to you if that was the case he wouldn't be able to do a will. he was confused to the point where throughout the day he called his gf by my mums name multiple time the was telling us there was a bomb in a garage 5 doors down cause someone wanted to kill him. and the solicitor that came to make the will had to make changes three times. he also told us he had two other wives and children. obviously if it is still reasonable he was of sound mind that's fine we just are concerned it wasn't his true wishes because of what he had been telling everyone

Expert:  Michael Holly replied 2 years ago.

Yes , the fact that the doctor thought your father was too confused to go to hospital means he would not have capacity to make a Will. The other behaviour on that day confirms this, he was clearly very confused.

Best wishes

Michael