Wills, inheritance and dementia; Help found now thanks.

[Dax777]

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?

Where are you located?

 

[Mr Kobayashi]

 

[dickie davies]

Wifey works at a solicitors and she said "£100 an hour plus VAT"

In all seriousness, she said you need to get legal advice on a "guardianship"

 

[denislawsbackheel]

Wifey works at a solicitors and she said "£100 an hour plus VAT"

In all seriousness, she said you need to get legal advice on a "guardianship"

I believe it’s called deputyship in England, guardianship in Scotland.

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

 

[East Level 2]

They’d have to pay market rents and the kids declare it as income.
And pray the kids don’t divorce before they snuff it.
But to be honest with the current IHT allowances of up to a million if a property is part of the assets left to kids or grandkids why bother?

But the kids could use that money to go shopping for the parents or pay for them to go on holiday so they could in effect pay zero rent. The tax on the income would be the only stumbling block.

 

[denislawsbackheel]

And councils have the power to treat such a gift as deliberate deprivation of assets and take the property into consideration for care costs. And there is no 7 year time limit like with IHT.

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs40_deprivation_of_assets_in_social_care_fcs.pdf

 

[idahoblues]

Sorry to hear about your mum mate, I hope you get this sorted sooner than later. Er indoors and I finally got to a lawyer this week to make a will. It can be pretty simple in advance but a fucking nightmare after the event. Good luck

 

[Indaparkside]

Proper fucking messy.

I’d concentrate on giving your mum the send off she deserves pal then look into it afterwards you will have enough to deal with with the sadness of burying your mother when mum died she lived in a council house and had nothing mate so we were spared the scenario of wills etc the council gave us 7 days after burying her to get her belongings out and return the keys otherwise we had to pay the rent. Good luck mate and I hope it all works out for you bud

 

[ob]

We've applied for power of attorney for both health and wealth for both my partner's parents. Luckily applied in time as the mum now in nursing home with dementia and Parkinson's. It hasn't come through yet and told there's roughly at 20 week waiting time. The father has changed his will to leave his half of everything to his children rather than his wife

 

[stonerblue]

Where are you located?

M26