Can someone of diminished mental capacity change their will?

[Dinarius]

This person has two people with power of attorney. It's not clear if he's made a will, but he probably has.

Thanks.

D.

 

[mf1]

It depends. For a Will to be valid, there are certain requirements - one of them being that the testator must be of sound disposing mind.

If there is any question of capacity, a medical certificate should be obtained.

It can be quite difficult for a solicitor to establish mental capacity. From my personal knowledge of persons with dementia/alzheimers, capacity is not always immediately/obviously apparent. Some people can have capacity in "bursts". In general, most solicitors would be wary of taking instructions to prepare a Will, from an elderly person who is not personally known to them.

mf

 

[kbie]

My elderly uncles solicitor requested him to get a medical certificate from a Psychiatrist before he was allowed to change his will. The test was fairly extensive and cost €100. My uncle was annoyed at the solicitor because he felt he was not considered sound.

Another solicitor whom I know said if he was his solicitor, he would ask him a few questions which he should know the answers to and decide himself if he would agree to him changing the will.

I think, in these circumstances, I would prefer the first approach as there would be no comeback.

 

[jay82]

A person will doubtful mentality is not allowed to decide on legal matters as this. Even if he did change the will, there are chances it will be challenged later on f others being affected by the will dont agree with the will terms.