Advice re parents will

[tammy1]

My dad made a will in 2010 where he would leave the house to my mother if he died and if she died it was to be split among their 3 children equally. My dad died in 2018 and this will has not been changed. Does it still apply or does my mother need to make a new will. She has been asking about it. The problem is that her memory not great lately and she being assessed so not sure would that have issues when it comes to making a new will

 

[ClubMan]

Did your father's will go through probate?
Is the house in your mother's sole name?
Are there other assets?
Are they in your mother's sole name?
If your mother is of sound mind then she can make a new will if she wants.
Has power of attorney been considered if it's not too late?
What do you mean by "she's being assessed"?

 

[jpd]

Did your mother also make a will in 2010?

As your mother outlived your father, the house passed to her. If she has not made a will, then it may now be too late to make one - you have to be of sound mind to make a valid will

 

[Clamball]

Even if her memory is poor, if she is capable of making decisions she would still be entitled to make a will. She would of course need to go to the doctor to get her decision making capacity assessed but just because you have a poor memory does not stop you from expressing your wishes and explaining your decisions. If the doctor thinks she has the ability then she should go to the solicitor and make a will. It will give her peace of mind and allow her wishes to be carried out.

Just because you cannot remember what day it is, or what you had for breakfast, or when you were born does not take away from your ability to know that you want to leave your house equally to all your children. If she is fretting about it now is the time to act.

Make an appointment for the gp, & the solicitor. Get a copy of your Dads will. Explain to both the gp and the solicitor that your mum is fretting about her lack of a will, that she has expressed an opinion that she wishes to leave the house to her three children equally and that she has memory issues. Let them take it from there and be sure to tell your siblings.