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Ward of court.

(16 Posts)
Claralikessage Sun 03-May-15 17:42:46

Dear Mumsnetters,
Does the Next of Kin of a Ward of Court inherit all his estate when he dies? (There is no will as the person has dementia)

Claralikessage Sun 03-May-15 19:54:21

Anyone, please. I am this person's carer and he is worried about this person in general.

Mumblechum1 Sun 03-May-15 19:55:45

A statutory will would probably be worth looking into (sorry can't link from iPad)

Claralikessage Sun 03-May-15 20:04:35

Thank you M. I am worried about him, TBH, he has dementia, never made a will and his brother has made him a ward of court (to clarify) . He is definitely wary of his brother though.

Claralikessage Sun 03-May-15 20:31:02

His brother told me today that he was in inherit my client's estate as he was his NOK. At this the man became visably upset as he is fond of his niece (child of a deceased brother) who visits regularly and wants her to have something, but as he is deemed not fit, what can be done?

Mumblechum1 Sun 03-May-15 20:46:06

http://www.ts-p.co.uk/uploaded/publications/information_sheets/Mental_Capacity/Court_of_Protection_and_Statutory_Wills.pdf

Claralikessage Sun 03-May-15 22:48:12

Thanks again Mum. He cannot make a will as he has been declared unfit, therefore, his brother made him a Ward of court. My question is does that mean this person (NOK)inherit everything?

Mumblechum1 Mon 04-May-15 00:29:55

If you read the link you'll see that a stat will is made on behalf of someone who doesn't have capacity to make a will

Claralikessage Mon 04-May-15 09:57:39

I have read it, thanks Mum.As I am not family I don't really really feel that I can ask too many questions, but I do know that a will will not be made, therefore, I am asking does the NOK automatically inherit his estate ?

Mumblechum1 Mon 04-May-15 10:53:12

Yes, unless you suggest to whoever is more appropriate that they apply for a statutory will to be made on his behalf.
Under the intestacy rules, it goes:-
Spouse (up to a limit)
Children
Grandchildren
Parents
Siblings

If none if the above apply, then children of spouses in equal shares, which it sounds like in this instance.

As he's a Ward, the court of protection would be very likely to make a ststutory will giving the estate to other, more sppropriate people if it can be shown that, if he had capacity, he would be making a will in their favour

Claralikessage Tue 05-May-15 16:59:23

Thanks Mum. I found out today that a statutory will won't be made on behalf of my client. Does this influence the decision on who inherits? His niece told me this and said that she is not to inherit due to her uncle being NOK and that he made his brother a Ward so therefore he inherits everything. This is Southern Ireland, btw. Thanks for answering me so far.

BaronessEllaSaturday Tue 05-May-15 17:07:14

http://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html

if you check the link the estate would be shared equally by all siblings in this instance where a sibling is also deceased then their share would pass to their dc so the niece should inherit.

BaronessEllaSaturday Tue 05-May-15 17:08:53

www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html

sorry link correctly posted this time.

Claralikessage Tue 05-May-15 17:17:38

Thank you for that B.

Mumblechum1 Tue 05-May-15 18:42:43

Ah. I hadn't realised you were talking about a foreign jurisdiction. Hope you get it sorted.

Claralikessage Tue 05-May-15 18:47:14

Thanks Mum. Think the same applies in the ROI as in the UK, not sure tho'.

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