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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9879
Experience:  I have been practising for 30 years.
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My husband has documented dementia. My eldest daughter is

Resolved Question:

My husband has documented dementia. My eldest daughter is trying to get him to write
a new will. One solicitor has refused to act for them any more because of this .She has now gone to a new solicitor out of our area. This solicitor has been in contact with my
solicitor and informed them that they are awaiting instructions from Mr Hedge.We have mirror wills in place which have been in place for many years.
She has already got him to sign a lasting power of attorney with her and her husband as attorneys. He did not understand what power this document holds. As far as i am aware it has not been invoked yet.
my husband is 83My question is.Can she get a solicitor to make out a new will.I am concerned as i go away on Sunday for two weeks that she will do this.
Submitted: 24 days ago.
Category: Law
Expert:  F E Smith replied 24 days ago.

Hello what is your question regarding this please?

Customer: replied 24 days ago.
My husband has documented dementia. My...
My husband has documented dementia. My eldest daughter is trying to get him to write
a new will. One solicitor has refused to act for them any more because of this .She has now gone to a new solicitor out of our area. This solicitor has been in contact with my
solicitor and informed them that theyare awaiting instructions from Mr Hedge.We have mirror wills in place which have been in place for many years.
She has already got him to sign a lasting power of attorney with her and her husband as attorneys. He did not understand what power this document holds. As far as i am aware it has not been invoked yet.
my husband is 83My question is.Can she get a solicitor to make out a new will.I am concerned as i go away on Sunday for two weeks that she will do this.
20/11/2017 01:57
Expert:  F E Smith replied 24 days ago.

I suggest that you write to the new solicitor and tell the new solicitor that the old solicitor (give the name) has already been to see your husband and has concluded that he does not have the mental capacity to write a new will and that should he decide to write a well on behalf of your husband, then you would contest the contents.

Similarly, he cannot grant a Lasting Power of Attorney and you should object to it being registered. https://www.gov.uk/object-registration/enduring-power

someone is going to have to apply to become a Deputy over your husband’s affairs and that process is going to take at least 6 months and if solicitors are dealing with it, it’s going to be a cost of about £2000.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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