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Alzheimer's and changing an existing will
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My mother has Alzheimer's and I have Enduring Power of Attorney and take care of all her needs.
I have one sister and a will was made some 15 years ago leaving mother's estate equally between us.
As I increasingly take care of her needs, she is constantly asking me to take her to a solicitor to change her will, leaving 2/3 to me and 1/3 to my only sister. She will not be swayed from this and says she will do it alone if I don't take her. If she does this, in future times, would my sister be able to enter into a legal battle to get her 50% and not 1/3. I am in UK by the way. I am not keen on doing this but she is very insistant and asking friends to take her to a solicitor. Where would the new will stand legally. Thanks
I have one sister and a will was made some 15 years ago leaving mother's estate equally between us.
As I increasingly take care of her needs, she is constantly asking me to take her to a solicitor to change her will, leaving 2/3 to me and 1/3 to my only sister. She will not be swayed from this and says she will do it alone if I don't take her. If she does this, in future times, would my sister be able to enter into a legal battle to get her 50% and not 1/3. I am in UK by the way. I am not keen on doing this but she is very insistant and asking friends to take her to a solicitor. Where would the new will stand legally. Thanks
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Hi, Mum is quite intimidated by her other daughter and does not want her to be involved at all. I don't speak to my sister so dialogue is out of the question. I think I would be right to assume she would not agree or be happy about it. I keep telling Mum that I cannot be involved and want no part but I am concerned that she goes off and does something without any supervision. She can appear to be incredibly competent and a solicitor may not be aware of her condition. I just don't want to end up in a legal wrangle later on.
You will find that a solicitor will take reasonable steps to ensure that you have not coerced or otherwise pressured your mother into changing her will.
The solicitor will also ask your mother a series of questions (not overtly) to satisfy him/herself that your mother is of sound mind to make the will.
Should the solicitor have any doubts, they may ask for your mother�s doctor to assess her to be of sound mind.
Once your mother's will has been changed, with the proper safe guards, your sister will have a very hard time challenging the will.
The solicitor will also ask your mother a series of questions (not overtly) to satisfy him/herself that your mother is of sound mind to make the will.
Should the solicitor have any doubts, they may ask for your mother�s doctor to assess her to be of sound mind.
Once your mother's will has been changed, with the proper safe guards, your sister will have a very hard time challenging the will.
Thanks for responses. I am in London. Mum is forgetful with many things but this is one agenda she will not drop. She thinks I am entitled to more as I attend to her every need. I cook, shop, sort appointments, medication, bills and socialising and she wants to reward that. I've told her she may well start up a legal battle after she's gone and she still insists she will write a letter and explain that she knows what she has but still wants her wishes to be upheld.
My sister comes nowhere near and will be moving hundreds of miles away shortly but I do not want any traumas in the future.
My sister comes nowhere near and will be moving hundreds of miles away shortly but I do not want any traumas in the future.
You have an EPA. Was it put into force because your mother was considered to be mentally incompetent? In other words, 2 doctors confirmed this & the EPA was registered at the Public Guardianship Office. If this is the case, then I believe your mother can't make a valid new will as mentally incompetent people can't do so. So let her go ahead if she insists on it - it will keep her happy - but make sure you keep the present will or know where it is and that it's not destroyed, because it will be the valid one.
If she is still mentally competent then the above doesn't apply. What you could do is to let the will be made but - when the time comes - simply agree with your sister to vary the will (this can be done by deed within 2 years of the death with the consent of all beneficiaries) back to the 50:50 split.
If she is still mentally competent then the above doesn't apply. What you could do is to let the will be made but - when the time comes - simply agree with your sister to vary the will (this can be done by deed within 2 years of the death with the consent of all beneficiaries) back to the 50:50 split.
Is the estate mainly in property? If so then changing the will is probably best, although she coul dalways sell the house to you now for a nominal sum.
If it's mainly savings then rather than changing a will there's no reason why your mum couldn't give you some money now. If she's worried about then running out of cash later there may be ways round it- eg she gives you �X and you give her a cheque for �y which she can cash if ever she needs some back
If it's mainly savings then rather than changing a will there's no reason why your mum couldn't give you some money now. If she's worried about then running out of cash later there may be ways round it- eg she gives you �X and you give her a cheque for �y which she can cash if ever she needs some back
Thank you for the responses, it's not a fortune, just the value of her flat which is soon to be sold.
We did the Power of Attorney in readiness for the time when she would not be able to take care of her finances. She sees her doctors who treat her problem and the solicitor was made aware of it too. She questioned her and was satisfied that EPA to me, was what she wanted. She reckons she will do the same thing with a new will. My sister holds the old one, I've never seen it. She has asked for certain things to be done with regard to her funeral and is relying on me to see to that, I suppose I need to be an executor to do that and I think my sister may have made herself that, as it has never seen the light of day. I guess I should go with her and speak to a solicitor, he can take all factors into account and hopefully give the correct advice. Some good points made by you all, thanks
We did the Power of Attorney in readiness for the time when she would not be able to take care of her finances. She sees her doctors who treat her problem and the solicitor was made aware of it too. She questioned her and was satisfied that EPA to me, was what she wanted. She reckons she will do the same thing with a new will. My sister holds the old one, I've never seen it. She has asked for certain things to be done with regard to her funeral and is relying on me to see to that, I suppose I need to be an executor to do that and I think my sister may have made herself that, as it has never seen the light of day. I guess I should go with her and speak to a solicitor, he can take all factors into account and hopefully give the correct advice. Some good points made by you all, thanks
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