Making a will, a problem encountered.

zebra9

New member
Jan 24, 2020
1
Hello,
my mother wishes to make a will and has been assessed by specialists and the nurse at the memory clinic that she has the mental capacity to understand about making a will.
A GP at her local surgery agreed to write a letter confirming these facts (to be passed onto a solicitor) , but a surgery phone call said they were no longer going to do it, fee and documents to be returned.
1- Can GPs refuse to provide a letter without any written explanation if they change their mind ? Can i legally request a written explanation ?
2- Apart from GPs, what other medical staff can provide a letter regarding a person's capacity to make a will that would be acceptable to a solicitor ?
 

reedysue

Registered User
Nov 4, 2014
4,710
Scotland
When my mum changed her will after her diagnosis of Alzheimer's her solicitor made the decision as to whether mum understood what she was doing when we went to her office, she only has to understand what she is doing at the time the changes are made.
 

Kikki21

Registered User
Feb 27, 2016
2,248
East Midlands
It is quite common for GP’s not to do this or if they do - to charge for it. A solicitor should be able to determine if your mother can understand what she wants as regards her will so her mental capacity despite having dementia has not gone down to such a level that she is not aware of what she is writing up.