Host Mode
- Thread starter Ruby-Suzi
- Start date
A diagnosis of dementia doesn't mean that someone has lost mental capacity and it won't be possible to know whether your dad had capacity or was in host mode at the time that he made his will . You mentioned in a previous thread that you think that your dad was 'scammed' when the will was made - what is making you think that?
My husband was diagnosed with dementia almost six years ago and late last year we made new wills. Our GP wrote a statement of testamentary capacity for him (at his suggestion) and I believe that he still has capacity. We had discussions over many days about these wills and I believe that he understood perfectly what we were talking about. We then went through the wills for a couple of days before I arranged for him to sign it. Our witnesses were our two local pharmacists .
Each person is different and to be second guessing about what a person's capacity was three years ago is a bit ineffective. And I think you will find it difficult to prove otherwise.
Each person is different and to be second guessing about what a person's capacity was three years ago is a bit ineffective. And I think you will find it difficult to prove otherwise.
I think he was scammed and I think he was in host mode because of the following facts:
1. He made a statement accompanying his Will which stated inaccuracies proving loss of awareness - he rambled about childhood holidays; had forgotten my married name despite having attended my wedding and enjoying holidays with me and my husband.
2.He had been attending a memory cafe for two years.
3. In a letter to me 5 years prior to the Will he made three spelling errors of common, simple words.
4. His handwriting was very tremorous (wobbly).
5. He’d had a police ASBO for violent behaviour a year prior.
6. The witness had a vested interest in the beneficiary.
7. Dad had suddenly taken exception at my husband and unreasonably demanded I ditch him.
1. He made a statement accompanying his Will which stated inaccuracies proving loss of awareness - he rambled about childhood holidays; had forgotten my married name despite having attended my wedding and enjoying holidays with me and my husband.
2.He had been attending a memory cafe for two years.
3. In a letter to me 5 years prior to the Will he made three spelling errors of common, simple words.
4. His handwriting was very tremorous (wobbly).
5. He’d had a police ASBO for violent behaviour a year prior.
6. The witness had a vested interest in the beneficiary.
7. Dad had suddenly taken exception at my husband and unreasonably demanded I ditch him.
None of the above are 'evidence' that your dad was in host mode or lacked sufficient mental capacity at the time he made his will. You say that the witness attested that your dad had mental capacity but it is the responsibility of the solicitor to determine whether the individual has the required level of capacity to understand what they are doing when they make a will (testamentary capacity).
If you wish to challenge the contents of a will, or the competence of the solicitor concerned, you need to seek specialist legal advice.
If you wish to challenge the contents of a will, or the competence of the solicitor concerned, you need to seek specialist legal advice.
I have instructed a solicitor and have Larke v Nugus response from the solicitor who drafted a will claiming to be a codicil to a Will marked as revoked. The solicitor has since left the firm. Said solicitor witnessed this second will (it was the first revoked will I referred to in earlier posts, I realise only the last Will is provable) the 2nd will the solicitor refers to as a codicil is witnessed by the solicitor who drafted it and his secretary and appoints himself (the law firm) as executor with power to charge for their role of executor. So only people to benefit are the solicitor as will drafter, executor, the Free Will network and the charity the first witness (first will) works for. I’m only concerned about proving legality of Will at this moment. I do appreciate your comments, they are most helpful, thank you.
