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1. Dear *****, the first thing you need to realise is that dementia does not automatically preclude the signing of a codicil, because if it could be shown by medical evidence that the person was lucid and had legal capacity at the time they signed the codicil, then that would be good and sufficient legal capacity. However, here, because the person was suffering from dementia from 2009 and there was no evidence of the person being lucid and having legal capacity when the codicil was signed in 2011, then the codicil will be struck down for lack of legal capacity when it was signed. However, be aware that litigation will be necessary to reach this point, unless the executor of the will agrees to this course of action.
2. Essentially, the issue of legal capacity is dealt with by the person contesting the will entering a caveat to the will to contest the administration of the will. Then executor will then appear to the caveat and seek to have it struck out. Then the issue of lack of capacity at the time of the making of the codicil gets litigated and dealt with, unless the executor accepts the claims of lack of capacity at the time of the signing of the codicil. So, if you are challenging this codicil, you should get yourself a solicitor and enter a codicil. I would advise you to get yourself a solicitor from the outset, so you are prepared for litigation.
3. Be aware that a claim that a person was coerced by the legal firm into signing the codicil will never pass muster, unless it can be shown that someone in the legal firm was going to benefit. Solicitors and law firms are taken to be disinterested parties.
4. There is an error in part 2. I should have said 'you should get yourself a solicitor and enter a caveat'. Not a codicil.
5. Be aware that if a person with dementia was to validly make a codicil, the solicitor would have had to have got an independent medical person, preferably a psychiatrist or psychotherapist, in attendance at the time of the signing and witnessing of the codicil, who would attest to their lucidity and legal capacity at the time of the making of the codicil. The medical person would have to attest to the medical tests carried out to determine the issue of legal capacity.
6. In your question, you haven't stated whether the person has died yet or not? However, the procedure I have outlined is what happens when the person has died. Otherwise, the issue of legal capacity to make the codicil cannot be dealt with until the person has died. There is no way to strike down a codicil made without legal capacity whilst the person is living.
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