Successful arrangement of a will for an Alzheimers victim, to make children sole beneficiaries
We were approached by a family to help resolve a situation in which their elderly mother, who had not made a will, was now suffering from Alzheimers and was diagnosed as not having the mental capacity to deal with her own affairs. The elderly mother had married her second husband when they were both in their eighties. During the course of the marriage the mother developed Alzheimers, and because she had not made a will before she lost capacity, in the event of her death, the strict Rules of Intestacy would apply. In this scenario, her second husband would inherit the first £250,000 of his wife's estate, his wife's personal property and have a life interest in half the residue of her estate. The second husband did not want to benefit from his wife's estate, as they had only been married for six years so he felt his wife's children should be the beneficiaries rather than him. To this end, an application was made to the Court of Protection for a statutory will to be made ensuring the mother's children were the sole beneficiaries of her estate.