What happens in this scenario? Client leaves everything to worker in will

[clappo]

Worker is a support worker. Worker has told client many times not to do this and to give it to charity. Worker tells boss. Client is insistent and says that he only wants her to have it as she’s helped him more than anyone.

My question is, will the worker lose her job if he does this? And is it even possible that he could without her consent?

Of course - people can leave their money to whoever they want. Why is this a problem and why is the worker so worried?

Why would she lose her job? The worker has done nothing wrong. The client can leave their money to whoever they like in their will. The worker could refuse the bequest and return the money to the estate if she really doesn’t want it. Or accept it, and give it to charity.

My father left a nurse £1,000 in his ‘letter of wishes’ that accompanied his will (so not even in his will, per se), and we & our solicitor checked with the nurse and we were able to honour Pa’s wishes.

However if he’d left a carer all of his estate, I really doubt that would have been honoured without legal drama and consequences from certain family members.

So it depends on what each situation is, how much money is involved, which country you’re in, and if there is a relative on the horizon who will feel ‘left out’ and litigious.

OP, do you think your employer would suspect you of coercion?

If there is any chance the Will may be contested (family etc), it would be essential that the Will is drawn up by a legal specialist. This would cover issues such as no undue pressure and that the client is of sound mind.

What part of the UK is this happening in? Depends also on how the worker helped him and whether there was any coercion/poa/cognitive decline/etc. Does he have a family? A few questions before anyone can say for definite.

Are you the person involved? I'd keep quiet from now on, if so. You've reported it to your boss. You told the person writing their will to leave it to charity. He's entitled to leave it to whoever he wants.

However, I know my mum - in a nursing home - isn't allowed to make any gifts to the staff and I'm pretty certain they mentioned wills there, too. I'm not sure whether that's legally binding, though.

Because care and social workers shouldn't be in a position where they profit from a client's death.

I believe there is a way of doing this if you really want to, but you need legal advice.

I agree that they shouldn't profit, but if someone has always been really kind to you and if otherwise that money would go to the government, what are you meant to do?

Speak to a solicitor. You need to find a way of doing it that won't incriminate your beneficiary when you die.

There are strict ethical guidelines (the Royal College of Nursing is a useful resource on this, and if the support worker has a trade body or professional regulator they likely will also: https://www.rcn.org.uk/Get-Help/RCN-advice/gifts-and-wills )

But ultimately, it is perfectly legal and you can’t be sacked if no coercion or undue influence was shown to be involved. If it’s been documented with the employer that the offer has been made and vigorously declined, and communicated to family likewise, there’s nothing to prevent a care or support worker from benefiting (though of course, if family disagree there will certainly be challenge after the death.)

The support worker can also decline to accept the bequest following the death if they don’t feel comfortable receiving it.

Ok I didn’t realise, this is all helpful. I thought the worker would lose their job. The client has no family. He only has about £15000 and rents, it isn’t a fortune. The worker is not allowed to accept gifts and has gone through all this with the client. The client is waiting to hear back from the worker about whether he can do this. No cognitive issues and client is fit and healthy, may not even know worker for much longer.

So can the client request the workers details for this purpose? Without getting them in trouble?

He doesn’t need to request details, if this is somebody known to him. He would just write “After all my funeral expenses and debts have been covered I would like to leave all the money in my bank accounts and my collection of porcelain elephants to Sophie West, my support worker of the past 12 years, as appreciation for all the care she has shown to me” or words to such effect.

In this sort of situation I’d expect the care agency to become involved after Sophie has informed them that her client has said he wants to do this, so they can evidence that they also separately tried to dissuade him and confirm for their records that he was of sound mind and couldn’t be discouraged.

Without any address or anything? In which case he has already done this I think

The executers of the will have a duty to locate and inform anyone who has been bequeathed, it’s more difficult to do this without accurate information, but they will know how to proceed.

She would need someone to look over her contract and associated practices, but this feels like a legal loophole anyway... sorry to be blunt, but that 'cant accept gift from client' rule... he technically wouldn't be a client, being dead and all.

In theory yes he can leave them a bequest, whether it contravenes contract and is a dismissible reason will depend. Was the will appropriately drawn up and witnessed ?

Yes, that’s why we had to check with the nurse beneficiary of my Pa’s will that they were happy to accept the £1,000, and wouldn’t get into any trouble with their managers. Our solicitor dealt with it.

Hmm.

It’s a complex one. Any solicitor drafting the will will likely want many things - a capacity report, to see the client multiple times alone to ensure this is their true intent, and likely ask the capacity assessor to witness the will alongside them.

There are of course questions re. influence, but I don’t think it’s automatic grounds for dismissal. A will can be changed, and it would be when the gift is given that there can be an issue. The will is also the perfect scenario for a post death challenge.