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Court of Protection rules that a will should be drafted on behalf of dementia sufferer

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The Court of Protection was recently asked to consider the case of an elderly man who lacked the mental capacity to make a statutory will.

The 81-year-old has significant wealth, with his assets estimated at more than £2million, but had never set his affairs in order.

Unfortunately the man, identified only as Mr Jones, has developed dementia in recent years and would be unable to go through the necessary legal process of making a will.

Concerns had been raised that the pensioner would die intestate and that a disproportionate amount of his fortune would go to Mr Jones’ daughter from a previous marriage, even though she had only seen her father on a handful of occasions since she was a teenager.

Judge Eldergill, sitting in the Court of Protection, had ruled that it was in the man’s best interests for a statutory will to be executed on his behalf, largely on the grounds that the rules of intestacy would not reflect the needs of the parties concerned.

He ordered that specialist executors be appointed to divide assets so that three quarters went to Mr Jones’ wife and 25 per cent to his estranged daughter.

At Lester Morrill, our specialist Court of Protection solicitors are experienced in working with vulnerable individuals and their families, friends and care teams to ensure the best possible outcome. We currently manage cases involving private clients, solicitors, local authorities, referrals from the court and case managers. We also advise on matters relating to health and welfare, receiving referrals from family members and advocates. Please contact our team for further information.

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