Hello all
I have asked this on Legal Matters as well, but hoping that there is some advice here too. NB we are in Scotland.
PIL have mirror wills, made 20 years ago. They are rather out of date, but I guess the main issue is that MIL no longer has capacity due to Parkinson's and LB dementia, and there is the possibility of full-time residential care on the horizon somewhere. .
My questions / concerns are:
- I understand now that MILs will will stand as it is, as she no longer has the capacity to revoke or remake it, and FIL as her attorney cannot sign a new will or codicil on her behalf. This is ok as it basically leaves everything to FIL, who currently has no care needs and is more or less able to manage his affairs with help from DH and SIL.
- We are thinking that FIL needs to write a new will. ATM his will leaves everything to MIL in the event of his death. If he dies before her, she inherits everything (his half of their property and savings). It would then be up to DH and SIL to administer everything on her behalf as she will not be able to. Also, if she has to go into residential care, everything in her name will go in the 'pot' for care costs.
However, if FIL chooses he can make a new will that leaves his share of their property and savings etc directly to DH and SIL. So if they decided then to sell the property to pay for care, MILs 1/2 share would go in the "pot" and DH and SIL would receive 1/4 each.
Would this be counted as deprivation of assets? It's not MIL doing anything to avoid paying for her own care - it's FIL making a decision re. his own assets.
I guess it comes down to FILs choice as to whether he wants his assets to eventually go to pay for care for his wife, or to go to his children.
We will of course consult a solicitor, but we'll have to have some in-depth talks with FIL first and want to be prepared for that. TIA for any advice.