Hi all
New here so a big hello from me
I will try to keep this brief and only factor on the dimentia aspect.
My Father has recently died in his will he leaves a larger portion of his estate to myself than he does to my other siblings. They are not happy they believe he was not mentaly capable of making a will as they believe he had alzhemers when the will was written. He was not diagnosed as having alzheimers until 2-4 months after. Roughly one year later he was also diagnosed with Vascular dimentia so he possibly had dual forms of dimentia. I believe when the will was written he may have had stage 1 or stage 2 Alzhheimers. The main impedament my father had he was first diagnosed with alzheimers was he forgot words in a sentance and had to replace them with made up words like the thingamejig. We noted that thingamejigs seemed to be on the increase. When he was diagnosed with vascualr dimentia we were told by a doctor he would have had this for a while (period unknown) and it was this that was affecting his speech rather than the alzheimers as the alzheimers was in early stages. So at the time of will writting he possibly had early stage alzheimers and early stage Vasular dimentia. Thats the medical stuff.
I am an executor on this will and also the larger benneficary so I hold some power in this matter. My siblings wish for me to agree to an even split of the estate due to the possible dual dimentia otherwise they may challenge the will. I sat with my Father and my Mother (now passed) and spoke with both of them about the reasons the will was written more in my favour. My Father in my own opinion expressed valid opinions and was fully understanding of what he was saying.
So I am now looking at what to do? I can protest the will is safe and go to a possible will contest. The will is valid and signed by witness's and in the presence of the company who went ot the house to make the will. My mothers will which was a mirror will passed probate with no questions (She did not have dimentia). Or I can go for a split which I believe goes against what my father wanted as his last wishs.
Medically how much of a case for a will contest do you think my siblings have? and whould they be likely to win? I dont want to cause people to spend money unduely on legal fees if the case is obvious one way or the other. Anyone who has experience in this field or has had a previous problem your advice would be much welcomed.
There are other possible additions to the potential will contest such as undue influence by my mother due to his dimentia and other matters too though for this discussion would just like to stick to the dimentia aspect.
Any views much appreciated.
New here so a big hello from me
I will try to keep this brief and only factor on the dimentia aspect.
My Father has recently died in his will he leaves a larger portion of his estate to myself than he does to my other siblings. They are not happy they believe he was not mentaly capable of making a will as they believe he had alzhemers when the will was written. He was not diagnosed as having alzheimers until 2-4 months after. Roughly one year later he was also diagnosed with Vascular dimentia so he possibly had dual forms of dimentia. I believe when the will was written he may have had stage 1 or stage 2 Alzhheimers. The main impedament my father had he was first diagnosed with alzheimers was he forgot words in a sentance and had to replace them with made up words like the thingamejig. We noted that thingamejigs seemed to be on the increase. When he was diagnosed with vascualr dimentia we were told by a doctor he would have had this for a while (period unknown) and it was this that was affecting his speech rather than the alzheimers as the alzheimers was in early stages. So at the time of will writting he possibly had early stage alzheimers and early stage Vasular dimentia. Thats the medical stuff.
I am an executor on this will and also the larger benneficary so I hold some power in this matter. My siblings wish for me to agree to an even split of the estate due to the possible dual dimentia otherwise they may challenge the will. I sat with my Father and my Mother (now passed) and spoke with both of them about the reasons the will was written more in my favour. My Father in my own opinion expressed valid opinions and was fully understanding of what he was saying.
So I am now looking at what to do? I can protest the will is safe and go to a possible will contest. The will is valid and signed by witness's and in the presence of the company who went ot the house to make the will. My mothers will which was a mirror will passed probate with no questions (She did not have dimentia). Or I can go for a split which I believe goes against what my father wanted as his last wishs.
Medically how much of a case for a will contest do you think my siblings have? and whould they be likely to win? I dont want to cause people to spend money unduely on legal fees if the case is obvious one way or the other. Anyone who has experience in this field or has had a previous problem your advice would be much welcomed.
There are other possible additions to the potential will contest such as undue influence by my mother due to his dimentia and other matters too though for this discussion would just like to stick to the dimentia aspect.
Any views much appreciated.
