Wills, inheritance and dementia; Help found now thanks.

stonerblue said:
My Ma died on Tuesday and we have been sorting out her paperwork. Her husband is in hospital with total dementia and is a shell of a person.

We have a will but don't think it's valid (no solicitor involved and only 1 witness signature).

Husbands 'family' have had nothing to do with each other for at least 30 years.

As it stands, and if the will is invalid, i presume the house (Ma's name only) will go to next of kin (husband?). And when he dies it will go to his next of kin?

Anyone with experience or knowledge of this stuff?
Click to expand...
Hi Mate.
Is the witness that witnessed the will still alive ?
If so then i think the will should stand up, get hold off a local solicitor with a good reputation for advise.
 
stonerblue said:
My Ma died on Tuesday and we have been sorting out her paperwork. Her husband is in hospital with total dementia and is a shell of a person.

We have a will but don't think it's valid (no solicitor involved and only 1 witness signature).

Husbands 'family' have had nothing to do with each other for at least 30 years.

As it stands, and if the will is invalid, i presume the house (Ma's name only) will go to next of kin (husband?). And when he dies it will go to his next of kin?

Anyone with experience or knowledge of this stuff?
Click to expand...

You need two witnesses for a will. You don't need a solicitor to have been involved but it needs to have been made in accordance with certain rules.

No need to go into all the details because only one witness was present, but another is that beneficiaries can't be witnesses.

Unless she owns the house as tenants in common, and not as joint tenants, the will wouldn't have have had much relevance whilst her husband is alive.

The house automatically passes to him regardless of any valid will.

EDIT: Sorry ignore this part. Didn't see that you had said it was her name only.

Intestacy rules apply here.

Might worth checking there isn't an earlier valid will

Intestacy rules applies to any assets of your mother that are part of her estate.

What is the husband's situation re valid will of his own?
 
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Sorry to have to inform you that as dad has dementia power of attorney cannot now be set up on his behalf. It can only be “given” by someone with full mental capacity.
The only route now is to seek deputyship. A much more arduous and difficult procedure. You will need to use solicitors, it will cost thousands to set up and you are looking at 6 months to a year to get it set up.
See here
www.gov.uk

Deputies: make decisions for someone who lacks capacity

How to become and act as a Court of Protection deputy - eligibility, responsibilities, how to apply, fees, supervision and when your deputyship ends.
www.gov.uk www.gov.uk

Your mums estate will be subject to intestacy rules.
This site shows who gets what
If her estate is less than £270K he gets all of it.

www.gov.uk

Intestacy - who inherits if someone dies without a will?

Find out who is entitled to a share of someone’s property, possessions and money if they die without making a will
www.gov.uk www.gov.uk
Unless he has a will from before he got dementia he will also die intestate because he cannot write a will with dementia.
 
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Alan Harper's Tash said:
If there is no will, the house will pass to her husband.

When he dies, it will go to his next of kin if no will again.

If your dad isn‘t capable of managing legal/financial stuff anymore, it’s probably prudent to look into registering a power of attorney.

I‘d probably gather as much evidence as you can get to prove your dad’s “family” have had nothing to do with each other, just in case they try to contest things after your dad dies.

If your dad goes into care, the house will be looked as as a financial asset and he may have to use that money to pay for his day to day care, whereas it couldn’t have been if your mum was still living there.

Sorry for your loss, stoner.
Click to expand...
Thanks Tash. Not my Dad but don't think that makes much difference here.
 
Fode N The Hole said:
You need two witnesses for a will. You don't need a solicitor to have been involved but it needs to have been made in accordance with certain rules.

No need to go into all the details because only one witness was present, but another is that beneficiaries can't be witnesses.

Unless she owns the house as tenants in common, and not as joint tenants, the will wouldn't have have had much relevance whilst her husband is alive.

The house automatically passes to him regardless of any valid will.

EDIT: Sorry ignore this part. Didn't see that you had said it was her name only.

Intestacy rules apply here.

Might worth checking there isn't an earlier valid will

Intestacy rules applies to any assets of your mother that are part of her estate.

What is the husband's situation re valid will of his own?
Click to expand...
No will found and he is non compus now. Thanks
 
denislawsbackheel said:
Sorry to have to inform you that as dad has dementia power of attorney cannot now be set up on his behalf. It can only be “given” by someone with full mental capacity.
The only route now is to seek guardianship. A much more arduous and difficult procedure. You will need to use solicitors, it will cost thousands to set up and you are looking at 6 months to a year to get it set up.

Your mums estate will be subject to intestacy rules.
This site shows who gets what

www.gov.uk

Intestacy - who inherits if someone dies without a will?

Find out who is entitled to a share of someone’s property, possessions and money if they die without making a will
www.gov.uk www.gov.uk
Unless he has a will from before he got dementia he will also die intestate because he cannot write a will with dementia.
Click to expand...
Ta Dennis
 
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