Will & dementia

D

dminor

Registered User
Messages
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Hi my sisters husband has dementia and she and her husband made a will a number of years ago, since then her husband’s condition has got worse and he’s no longer able to sign his name. They have 2 kids , her worry is if something happens her will her children be able to access any bank or credit union accounts and basically be beneficiaries of everything house included ,if something happens her ,
Any advice greatly appreciated
 
Maybe I don't understand the question fully but my read of it is that the will will be executed in the event that She & or her husband die. Bases covered as far as I understand the situation fromyour post.

Even in the absence of a will the children will be the primary beneficiaries.
 
I thought the question was more about who can deal with matters if, for example, the wife also becomes (mentally) incapacitated? But, I agree that it's not totally clear. I think that the wife maybe needs to get professional advice from a solicitor?
 
Assumptions:
1. John is still living, albeit with dementia
2. Mary is in the full of her health.
3. Adult off-spring are also in the full of their health.

Scenario 1.
John passes away.
Will is executed, Mary / beneficiaries inherit.

Scenario 2.
Mary passes away.
Ward of Court application likely needed to handle John's affairs.
Will is executed, John / beneficiaries inherit.

Could also make Ward of court application now - might make things simpler.

Have I missed anything?
 
Thank you , yes this is the exact scenario as you have said, My question was what would happen if my sister passed before her husband who has dementia,
So a ward of court would be needed, can she make this application now and how would it make things simpler? Would she have to get a solicitor to do it ?
Thanks for your help !
 
It's too late now to put an Enduring Power of Attorney in place since husband has dementia. The Ward of Court system is due change in the coming weeks (based on Assisted Decision Making Act).
So I suggest you get legal advice on best step at this stage.
 
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