What can you do if you think someone is trying to change a will not in the persons best interests?

[PenelopePitstops]

Pretty rubbish thread title but here goes..

Elderly man who has dementia (although refuses any medical intervention or care). Not sure if he has been officially diagnosed because he refuses to engage with medical professionals.

2 elderly neighbours have tried to get power of attorney and failed as no one would sign the paperwork. Family is now worried they may try and change his will. He wrote one when of sound mind and set up a family member as executor.
As a family can we do anything, we know where the money should be going and what his intentions were. But if the will is changed, what can we do? Should we be warning solicitors or just let the elderly neighbours get on with it?

Is there a way for the family members to be around at home more as that is often the best practical protection so they can be in when the neighbours call and look at his paperwork when in the house etc?

It would be worth finding out where the current will is and making sure everyone in the family has a copy. When my father changed his will his lawyer wrote to all of us to explain why he was of sound mind (he had early stage dementia) and explained what the tests were under Law Society rules such as if the new recipient is out of the room does he express the same intention, does he know certain information, can he name the beneficiary without prompting and questions like that. You might want to write to his solicitor who did the first will to say you have concerns about the neighbours.

Thanks for your advice. It is difficult for us to be around more as we all work and the neighbours don't so they go in the middle of the day. We have occasionally caught them 'at it'. Interesting to know that the law society has protection for this, I didn't know that and will pass that on. The rest of the family are reluctant to speak to the solicitor but I think it's a good idea to warn them at least. It feels a total minefield.

If the neighbours managed to get the will changed it would most likely be deemed to be invalid if challenged after death. The fact that the deceased had dementia would mean that the new will would not meet the tests for capacity. The neighbours would need to get a Doctor to visit him and write an official letter stating that he believes he has full understanding of the Will, it's changes, the size of his estate etc. I doubt that a solicitor or will writer would write this will in these circumstances. If it is changed you would definitely have a good case to challenge it in the future.

I think you need to get him assessed for dementia as well, it does need to be officially diagnosed or it could end up the neighbours word against yours.
I know its easier said than done though.

Can you speak with the neighbours and make it clear you are aware what they're trying to do, you've informed the 'relevant authorities' and you hope from now on they'll leave him alone ?!!