Mums Will

[JESS B]

Hi my Mum made a will 12 years ago. However she now wants to change the will. She would like to leave me the house and also half of her money as I've moved in with her to look after her as she is now 90 and needs a lot of help around the house. She would like to leave the other half of her money to my brother. However my brother and I have power of attorney. Mum is still classed as having capacity. 2 years ago my brother has activated the power of attorney to authorise us to be able to make decisions on her shares and on one of her 5 bank accounts, mainly as she doesn't really know much about shares.
Mum's Doctor deems her as having capacity to make her own decisions and Mum recently had an operation that she had to consent to herself.
My brother has said because we have actioned the power of attorney of some of her finances then Mum won't be able to change the will. Is this correct? My mum is adamant that she wants to change it. She also wants to add her sister into the will now to help her if she needed to go into a care home. Can my mum change her will? Many thanks

[des8]

If your mother has capacity she can change her will.

Suggest you either take her to a solicitor, or if she cannot get out have the solicitor do a house visit.

Make sure the solicitor is aware there might be a challenge to the will after your mother's passing, so that his notes confirm he has no doubt about your mother's capacity and that you were not being coercive!

I don't like to suggest your brotrher might challenge a new will, but ............

[JESS B]

Thank you so much for your reply. I don't think my brother would contest the will as he has always said that I can stay in the house unless I got married and then he would expect me to sell it and give him half. However him saying that is not legally binding and things change.
I will take my mum to the solicitors, she has written down what she wants in her will. She's realised how much I do for her and says it's only fair I have the house. She also recognised that my brothers income is 5 times that of mine so she wants to make sure I'm OK for the future whereas she knows he's OK.

[JESS B]

Ps I will take your advice about saying to the solicitor he may contest the will and make sure that the solicitor knows I'm not cohersing mum and makes a note of that and also about her having capacity etc many thanks

[dslippy]

"My brother has said because we have actioned the power of attorney of some of her finances then Mum won't be able to change the will. Is this correct?"

No.

"My mum is adamant that she wants to change it. She also wants to add her sister into the will now to help her if she needed to go into a care home. Can my mum change her will?"

Yes.