Made a will with early onset Alzheimer's

[nanlaine]

Dad made a will back in January 2011 when he had already been diagnosed with early onset. He was at that time still able to communicate and understand what was going on, although he may well have forgotten a couple of days later. The will writer did IMO a professional job and asked us to leave the room etc while he talked to my dad. My dad died last July 2014 and my brother has contested the will based on "not of sound mind" my brother is an alchoholic and my dad did not want him to benefit from any money to "drink himself to death" or to waste on drink. He has placed a caveat on his property, and I obviously cannot sell it. My mums will was exactly the same, she died at the end of 2011 and my dad functioned alone in the house with carers and me until November 2012 when he declined and was taken into a care home.
Has anybody any advice or been through this or recommend any reading. I have googled law suits etc but it's all a bit legal to the layman.
Not that this has any bearing on the case, but my brother has never helped out over 20 years and never came to see our parents even when my poor mum was dying.
Thanks


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[marionq]

I am indeed sorry that you are experiencing this. When money is involved people lose all sense of decency and your brother must know he has behaved neglectfully and badly towards your parents. Just sit tight and leave him to pay the lawyers to do what they must. I hope for a just outcome for you.

 

[nanlaine]

Thank you for your kind words, it is causing me great stress, my solicitor has requested the caveat be lifted and this will cause him to move forward with his claim. He was extremely aggressive towards me on our last meeting and accused me of influencing my mum and dads will, which is complete nonsense, I could never have done that, it's a sorry state of affairs, I'm actually not bothered about the money, it's the fact that it was mum and dads wish that he didn't inherit due to his lifestyle choice.


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[Kevinl]

It's strange that a professional will writer is allowed to determine if the person actually writing the will has capacity or not but that's the way it's always been, when it was a solicitor they were perceived as someone who could be trusted, the modern "will writing services" may be viewed differently in a court of law.
Bear in mind that the law says "So long as a caveat remains in force, the Land Titles Office must not register any dealing with the land. This means that a caveat lodged without merit may result in the caveator being liable to pay compensation to any person who suffers a loss as a consequence of the caveat" so if his claim "has no merit" it could cost him money.
It's horrible when it gets to this, it's the last thing you need at a time like this.
K

 

[CollegeGirl]

I have no advice but just wanted to say how sorry I am that you're having to deal with this. How people can behave like this is just completely beyond me. I hope things are sorted very soon.

 

[nanlaine]

Thank you guys for your concerns, I will endeavour to learn a little about the law, I think that there is a case that lawyers refer to but can't remember the two names, but I shall find out. Thanks


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[Canadian Joanne]

My mother made a will shortly after being diagnosed. The lawyer did ask her questions about who she wanted her money to go to, etc. He determined that she was still capable of making a will.

I think it was good that the will writer asked you to leave the room. That way he could ensure that your father was not being pressured/ intimidated by your presence. That should count for something.

I think it best that you get legal advice at this point.

 

[nanlaine]

Hi Joanne yes I've got a solicitor dealing with it, I think I'm just trying to get ahead, be prepared etc, I'd prefer really to sort it amicably without solicitors, but don't think that will happen now. But it's good to know that other people have done it and it's been ok, although without anyone challenging it I don't suppose you can tell. Thanks for your comments


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