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I’ve just come across this post which was originally made last year so hopefully the original poster has now got the matter sorted. However, for anybody else, reading this thread, you might be interested in what happened to my mother… i’ll be brief, at least as brief as I can.
due to past history with my brother, my mother decided to leave all of her assets to me.
she developed dementia
after not seeing her for years, my brother suddenly came back into my mother‘s life and hey presto her will magically changed to 100% in his favour
on investigation, it seems he took her to a Doctor who decided that she had capacity to make a will
when she realised she’d made the will, she was completely surprised and horrified
I think the whole issue of capacity is a very tricky subject because capacity can come and go. Additionally, near strangers are hardly best placed to judge capacity, especially when some of the dementia sufferers can appear to have capacity, even when they don’t. My mother could confabulate to such a degree, that she sounded 100% believable, and in charge of all her faculties - however, the things that she was saying simply didn’t happen (for instance, she would say that she just been on holiday and have a vivid account of where she’d been when an actual fact she’d been at home the whole time)
With regard to one of the points made by the original poster, which may well have been resolved since several months have now passed since the post was made, as you probably know, there are very few avenues you can pursue when challenging a will after a person has passed. However, one of them is that you had a reasonable expectation that you would inherit. If you have documentation showing that you have helped your parents financially and also some indication that your mother intended to recompense you, then that might be grounds to challenge.
due to past history with my brother, my mother decided to leave all of her assets to me.
she developed dementia
after not seeing her for years, my brother suddenly came back into my mother‘s life and hey presto her will magically changed to 100% in his favour
on investigation, it seems he took her to a Doctor who decided that she had capacity to make a will
when she realised she’d made the will, she was completely surprised and horrified
I think the whole issue of capacity is a very tricky subject because capacity can come and go. Additionally, near strangers are hardly best placed to judge capacity, especially when some of the dementia sufferers can appear to have capacity, even when they don’t. My mother could confabulate to such a degree, that she sounded 100% believable, and in charge of all her faculties - however, the things that she was saying simply didn’t happen (for instance, she would say that she just been on holiday and have a vivid account of where she’d been when an actual fact she’d been at home the whole time)
With regard to one of the points made by the original poster, which may well have been resolved since several months have now passed since the post was made, as you probably know, there are very few avenues you can pursue when challenging a will after a person has passed. However, one of them is that you had a reasonable expectation that you would inherit. If you have documentation showing that you have helped your parents financially and also some indication that your mother intended to recompense you, then that might be grounds to challenge.
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