Changing a will

Discussion in 'Legal and financial issues' started by Juliematch, Oct 11, 2018.

  1. Juliematch

    Juliematch Registered User

    Jun 24, 2017
    19
    Hi. I’m after some advice as my dad wants to change his will.He lives with me and after his Lewy body diagnoses I got poa for finances as he could not manage.I am the eldest of 4 siblings( 2 being invisible) When dad came to me he changed his will and took one of the invisibles out of his will as he hadn’t seen them for a few years.He now wants to remove the other invisible as it’s been 10 years since he saw them.He has capacity but needs me for confidence as he is deaf.Im not feeling comfortable going with him as I’m going to benefit from the change and I don’t want anyone thinking that’s why he’s doing it.My son is the other poa so in the same boat as me.Sorry for the long post. I would like your thoughts .Thank you
     
  2. marionq

    marionq Registered User

    Apr 24, 2013
    4,797
    Female
    Scotland
    This is definitely one for the solicitor.
     
  3. Beate

    Beate Registered User

    May 21, 2014
    10,558
    Female
    London
    I don't see a problem with you getting him to the solicitor but then telling him he has to speak to the solicitor on his own. They have to establish capacity anyway and will ask him if anyone is coercing him, so as you are not, you should be fine. You could research whether there is a solicitor who knows sign language, but questions can be written down too.
     
  4. reedysue

    reedysue Registered User

    Nov 4, 2014
    4,469
    Scotland
    My mum changed her will about a year after her diagnosis with AD, the solicitor spoke to her away from me to make sure that mum knew what she was doing, she did call me in to clarify a minor point once she was happy that mum had the capacity to understand the changes.
     
  5. Ducky601

    Ducky601 Registered User

    Jul 24, 2018
    71
    This shouldn’t be a problem. 2 years before my mom died, she wanted to change her will. She asked me for my opinion and I said it was up to her what she wanted to do (something I didn’t like speaking about!) & to speak with her Solicitor (it meant I was going to inherit a larger share than my brother, her son who didn’t bother with her or visit). The Solicitor visited her at home and spoke with her on her own. No problem. I have to say that when she died (I was joint Executor with her good neighbour), I instructed mom’s Solicitor to handle the Estate to ensure no ‘issues’ with my sibling. Hope this helps.
     
  6. Juliematch

    Juliematch Registered User

    Jun 24, 2017
    19
    Thank you everyone. Will ring his solicitor and take it from there.I don’t think the invisibles will cause trouble but I want to do the right thing.I am also an executor and was thinking to ask the solicitor to take over. I can do the caring but I am not comfortable with these money issues.Thanks again TP for your help.Best wishes to you all.
     
  7. MaNaAk

    MaNaAk Registered User

    Jun 19, 2016
    727
    Essex
    Dear Julie,

    Please let me know how you get on as I could be in the same situation as you at some point.

    MaNaAk
     
  8. northumbrian_k

    northumbrian_k Registered User

    Mar 2, 2017
    401
    Male
    Newcastle
    Our solicitor insisted on my wife getting a report from her GP to say that she was competent to change her Will. We did not get far with this as my wife could not explain to the doctor why she wanted to change it (which was at the solicitor's suggestion). This gave the GP grounds to refuse to give a report to the solicitor. My power of attorney was of no relevance to the process. I was quite happy with the GP's conclusion.
     
  9. cobden 28

    cobden 28 Registered User

    Dec 15, 2017
    21
    My late Dad had to go into permanent residential care in 2002 and shortly after that circumstances arose within the family which, when dad was made aware of it, made him want to change his will. As he'd gone into hospital showing signs of 'confusion', Dad's solicitor of many years insisted on his being seen by a consultant psychiatrist to make sure he was mentally competent enough to understand what was involved in changing his will.

    The consultant psychiatrist's report stated that dad had 'senile dementia to a marked degree' so the solicitor concluded that dad wasn't mentally competent enough to change his will and the original will (written years before he'd gone into care) therefore stood.
     

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