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Wills and Alzheimer's disease

Printed From: AussieLegal
Category: Wills, Probate, Letters of Administration
Forum Name: Wills, Power of Attorney, Probate, Letters of Administration
Forum Discription:
Printed Date: 20/April/2019 at 16:16

Topic: Wills and Alzheimer's disease
Posted By: Loestar
Subject: Wills and Alzheimer's disease
Date Posted: 28/October/2018 at 16:15

Just wondering if anyone has any advice. Our father has Alzheimer's disease and we think that his partner, who also has early/middle stages of dementia and is half of dad's enduring power of attorney (one of my siblings is the other half) and her daughter (who is her mother's power of attorney) have taken dad to a solicitor to lodge a new Will. We know that there is a Will at our dad's solicitors (country Victoria) which was done years ago but my question is......

Can you find out if there is a more recent Will (even before he passes)?? If he has no documentation at his home and the recent Will was done in Melbourne, then is there a registry that once someone dies then the recent Will will appear "out of the woodwork" and finally does the recent Will stand if dad has been deemed "he has no mental capacity to make decisions" by his specialist??

Any replies would be appreciated.

Posted By: citizen-joe
Date Posted: 28/October/2018 at 19:34
Wills do not need to be lodged anywhere official before a person passes on. Chances are if he has made a new will it is in the safe at the solicitors office who drew it up. You have no rights to see it before he passes on.

However if he has Alzheimer's he probably lacks capacity to make a new will or to appoint or retain a Power of Attorney. So unless he appointed an enduring power of attorney before he became incapacitated, his PoA has no further effect.

See his doctor for assistance and a statement to challenge the actions of those who are possibly acting against his best interests. Your solicitor may be able to assist you now rather than waiting till he has passed on and then getting involved with challenging any new will that pops up.

Posted By: Loestar
Date Posted: 29/October/2018 at 08:48
Thank you for your reply.

We do understand that we are unable to see dad's Will before he passes nor do we want to see it. We just are a bit unsure that if there is a second Will that was made after dad was diagnosed then is it valid and since we have no idea who may have drawn it up and where it is stored, do we just have to wait for his partners daughter to produce it?? Dad is still living at his house at present and we plan to keep him there as long as possible as he is very happy there.

Posted By: goingbonkers
Date Posted: 30/October/2018 at 08:40
" do we just have to wait for his partners daughter to produce it?"
As Alzheimer's disease is progressive a person can write a valid will but without accompanying medical statement to the mental capacity as the time of writing it would likely be invalid.
From what I know they would want at bare minimum need a GP's opinion but nor likely want a gerontologist to attest their mental capacity.

The judge will likely ignore your Will, and give your savings to whoever they think should have it' -

Posted By: Eddy
Date Posted: 30/October/2018 at 09:18
So the will have to be contested after he passes? The contestors will need to prove that the will is invalid because he was incapable of writing it due to his mental capacity and the time it was written - is this correct? I would have that that when you write a will you don't need proof that you are of sound mind at the time.

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