Problem with will

[Doreen20]

My aunt has written a will stating that the money from the sale of her property is to be left to family members. She has left smaller amount of monies to various friends and charities. Unfortunately it is likely that she will have to go into a care home as she has dementia and the property be sold, the part of her will leaving the money from her property will be gone. Meaning that the money if there is any left would now go to her friends and the charities. Does anyone know how we can ensure that my aunts wishes are met as she wanted, I know she wouldn’t have wanted her friends and charities to have the money from her property.

[atticus]

If there is no possibility of preparing a new will, then is there any possibility of a deferred payment arrangement for the care home fees, so that they can be paid out of a sale of the property after your aunt dies? I understand this may be possible as a way of paying for local authority care.

[Doreen20]

I think it is too late for a new will. It’s difficult as obviously we don’t know how long she is going to live. Maybe all the money might be gone in fees anyway. I am not sure how long a deferred payment could go on for, I will look into it. Thank you. I did read about statutory wills where a will can be changed whilst she is still alive by the court of protection. I have contacted a few solicitors but they don’t seem to want to take it on maybe it’s too difficult and very long winded.

[dslippy]

Your real problem is that the will is as such the expression of her wishes. 'I know that is what she said, but what she really wamnted was this' doesn't wash.
A court will not grant a statutory will, because one already exists, and there is no real evidence that it does not reflect her wishes. You may in fact be correct, but it is unfortunately second guessing.