My Dad wants to alter my Mum’s will. She has Dementia and he (and I) have Power of Attorney. I didn’t think he would be able to do that but am struggling to find the answer. Does anyone know?
Absolutely no one can change another person's will, even with POA.
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They can but only by application to the COP for a statuary will
https://www.gov.uk/apply-statutory-will
https://www.thegazette.co.uk/all-notices/content/100571
That's interesting @nitram I wonder what grounds or circumstances they would consider and what content they would allow to be changed.
As per the second link, circumstances have changed
A will approved by the court of protection is known as a statutory will, and there are a few situations in which a statutory will may be considered necessary#
In some instances, the attorney or deputy sells an asset to pay for care, but the asset was subject to a specific gift in the will. As the sale of the asset defeats the specific gift, the application for a statutory will is to give something to the specific legatee in lieu of the asset.
- the vulnerable person has never made a will before
- the estate has reduced in value
- the estate has increased in value, for example, as a result of compensation awarded
- tax planning purposes
- a beneficiary (or beneficiaries) under an existing will has passed away
- a beneficiary under an existing will has already received substantial gifts, and the will should be adjusted
The court of protection is most likely to allow a statutory will if the person who lacks capacity has never made a will, or if there has been a significant change in their circumstances.
Thanks @nitram I fortunately have no need to use this information just interested really but very helpful to othersAs per the second link, circumstances have changed
A will approved by the court of protection is known as a statutory will, and there are a few situations in which a statutory will may be considered necessary#
In some instances, the attorney or deputy sells an asset to pay for care, but the asset was subject to a specific gift in the will. As the sale of the asset defeats the specific gift, the application for a statutory will is to give something to the specific legatee in lieu of the asset.
- the vulnerable person has never made a will before
- the estate has reduced in value
- the estate has increased in value, for example, as a result of compensation awarded
- tax planning purposes
- a beneficiary (or beneficiaries) under an existing will has passed away
- a beneficiary under an existing will has already received substantial gifts, and the will should be adjusted
The court of protection is most likely to allow a statutory will if the person who lacks capacity has never made a will, or if there has been a significant change in their circumstances.
PS
Their will almost certainly be a court fee, don't know what it is in this case, fees are typically ~£400 Maybe completely wrong, ask the OPG to find out.
PS2
Another, somewhat related situation, is that an attorney is entitled to view the will of the donor if they are about to use assets, this enables them to leave specifically gifted assets till last.
My Mothers Deputy spoke about a Statuatory Will following the discovery of how much my sibling stole from my Mother during the 7 months she was in her care before the CoP allowed Mum to live permanently with me. Interestingly this particular point is what he must have been referring to?
If the deputy is a professional best to allow them to decide potential benefit, if a lay person maybe research followed by legal advice.