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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33032
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need some advice regarding my elderly Father who has dementia. He mentioned to me the other night that he is thinking of changing his will as his partner has informed him that she would get everything anyway as his common law wife. I am extremely concerned that not only does he very much lack the mental capacity to do this or understand what he is doing, he is also being coerced by his partner and her family. My Father and I have always shared a close bond and I am his only daughter, he has told me the contents of his current will of which I am named as executor and that is that on the first death the house that is owned jointly by him and his partner is sold and their share of the proceeds pass on to their own children, this will was made last year,the will before this said mostly the same. I currently hold power of attorney for him and he has always expressed that no matter what happens he would not want any of his estate ending up going to her family, which of course it would if he dies first which is most probable given his medical condition. My main concern is that he is being coerced into doing something that in a normal state of mind he wouldn't dream of doing. Is there any advise you can give me on dealing with this in the correct manner, or where I can go to express my concerns? Kind Regards Claire
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHas his doctor commented on whether or not your father still has "mental Capacity"
Customer: replied 1 year ago.

Hello clare, I have spoken to his doctor today and he said that he thought as I had power of attorney I would have a good case of proving that he didn't have mental capacity, those were his exact words. I do realise that there will be certain companies who write wills that will specify that they think he had mental capacity at time of making his will just so they get a fee. I realise that there is no way I can stop him from changing his will as his partner will make sure of this, but I really need to be sure that my concerns are expressed to the correct people and I take the appropriate action to protect my Father. Kind Regards Claire

Can I have a reply please?

Customer: replied 1 year ago.

Are you going to reply Clare, I'm having problems with this site as in it comes up as my e-mail is registered to another user, this came up after I had paid so am now quite concerned. Your last reply said I would here from you within 10 minutes, If there is a problem I will cancel my payment. Kind regards Claire

Expert:  Clare replied 1 year ago.
My apologies for the delay.There are two points hereThe first is that his partner is wrong - she will not inherit anything at all as there is no such legal entity as a "common law spouse" - BUT since they have lived together for more than two years she has a potential claim on the estate - although the arrangements already made for the house reduce her potential claim considerably.The second issue is whether or not your father actually has sufficient mental capacity to make a Will.From what you have said this is doubtful - but only the doctor can say yes or no - so you need to arrange a doctors appointment so that you have sufficient medical evidence in the event that you do have o challenge a future WillI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.

Thanks for the reply ********, I am away on holiday at the moment but have booked an appointment to speak to my Fathers GP on 20th of the month. In the event of a change of will would this be easy to overturn without spending thousands of pounds in solicitors fees? Could you possibly e-mail me a copy of our conversation as this site seems to have a problem with my e-mail address ******@************ Kind regards. *********

Expert:  Clare replied 1 year ago.
If you have a medical report confirming that he doe snot have mental capacity then the matter will be resolved swiftly and cheaply!I will ask customer services to assist with the email

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