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Michael Holly
Michael Holly, Solicitor
Category: UK Law
Satisfied Customers: 6911
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have a service user who was diagnosed with vascular

Customer Question

I have a service user who was diagnosed with vascular dementia in 2014. In 2009, he changed his will, at the prompting of an Age Concern Befriender (there are the befriender's hand written notes as evidence). I believe that the gentleman was already lacking in capacity at that time and was coerced into changing his will. Can the current will be challenged?
Submitted: 1 year ago.
Category: UK Law
Expert:  Michael Holly replied 1 year ago.

You need to check whether there is any other evidence to support your view the Will was altered 5 years before the diagnosis

The notes could be explained away, such as , I was just recording the s/u s wishes as such other evidence would help

Did the s/u have a social worker who may be asked for their view. Are there any relatives who could be asked , did he have a GP., was a mental capacity test done. If he was in a care home they can give their view.

At present I do not think you have enough.

I hope this helps. If there are any further points please reply and I will be happy to respond.

Best wishes

Michael Holly

Customer: replied 1 year ago.
There are several relatives that can give their view. He has a GP so I can ask her opinion. What is the next step. Is there an official body I can take this to?
Expert:  Michael Holly replied 1 year ago.

5 years is an awfully long time with an elderly person who can deteriorate in terms of capacity very quickly.

If the Will was changed to leave all/most to the befriender excluding more logical choices such as family you have a start but only a start.

Yes ask the GP, if a social worker was involved ask the local authority, ask the family but bear in mind they may have a vested interest if they lost as a result of the alteration to the Will.

As a local authority seeking the recovery of care home fees you have no direct cause of action unless you can show it was deprivation of assets by the deceased to empty the estate, a disgruntled relative disentitled by the Will change is your best bet.

You may have limitation issues.

Best regards