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Anthony Bray, MD
Anthony Bray, MD, Doctor
Category: Medical
Satisfied Customers: 10341
Experience:  14 years experience in the field of Family Practice
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Could a terminally ill person lack mental capacity if their

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Could a terminally ill person lack mental capacity if their mental faculties were in tact?
Our deceased father, when aged 85, suffered from physical conditions only. He did not have a stroke, he did not suffer from dementia or related mental health conditions. His mental faculties were not an issue. He was however terminally ill and bed ridden. We are contesting his will (last testament). Unexpectedly he left his entire estate, valued at £350,000 to just one of his 7 children and named her as the executor of the will. However, that one child who inherited our father's entire estate was involved in the will-writing process. It was she who had gone on her computer (on-line) and arranged for will-writers to visit our terminally ill father in his bed. She kept it completely secret from her 6 siblings. She had arranged for a witness (a family friend) to be present. Our father died a year later. After our father died she did not say that he had left a will and that she was the sole beneficiary and executor of the will. We discovered that a will existed only when we applied for intestate probate. Isn't this a case of deceit rather than mental capacity? Would it not be a waste of money obtaining expert medical advice given that our father did not suffer from dementia or any other mental health related conditions?
Anthony Bray MD :

Hello!

Anthony Bray MD :

You definitely need legal more than medical advise here.. but I think that medical perspective might have some potential benefit to you....

Anthony Bray MD :

I do think that his state of physical impairment would leave him more vulnerable to being deceived by the daughter in question...

Anthony Bray MD :

He would be in a state of dependance it sounds like and the daughter may have told him one thing and he signed to another....

Anthony Bray MD :

This situation it sounds to me would require investigation .....

Anthony Bray MD :

I do feel that your fist course would be of course to have legal counsel in this matter... your lawyer may be able to direct you as to what extent any expert medical opinion MAY play a role in contesting the will....

Anthony Bray MD :

I hope this helps. Let me know if I may be of further service. You may ask a lawyer online here at JA as well. You may start another question or I could have this switched in category.. Let me know if you want me to do this!

Anthony Bray MD :

Best Regards,

Anthony Bray MD :

Anthony Bray MD

Customer:

Thank you. You've helpful.

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