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What should we do?

2 replies

Didnotwantthis · 05/05/2023 09:26

Trying to be brief
A family member had made a will which removed most family members.
The family member lost capacity and was tricked into changing Thier will to put most of the removed family members back in again.
The LPOA for finance was the same as for health and they deliberately delayed dementia assessment despite knowing that the person was struggling so that they could coerce the will change.
What can be done re this? Little evidence other than the considerable change to persons in the will. The person whose will it is still believes that the will is as they left it.

OP posts:
prh47bridge · 05/05/2023 12:44

If you can show that there was undue influence or that the family member did not have capacity, you can challenge the will when they die. There is nothing you can do in a legal sense before then.

ComtesseDeSpair · 05/05/2023 13:18

It’s also important to remember that capacity isn’t always straightforward: people can be considered to have capacity for some decisions even if they may not have it for others. Thus someone might be capable of reflecting and having change of heart towards the end of their life and decide of their own volition to put old grievances to rest and amend their will, yet not be capable of actively managing their own day to day financial matters / bills etc. If no capacity assessment had been carried out at the point the will was updated it will be quite difficult to establish there was at that time a blanket scenario of no capacity for any decision-making whatsoever.

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