We acted for the Deputy for C, who was an elderly lady who had expressed a desire to leave her property (in which she was still residing) on her death to our client and his wife in return for their assistance to her. Our client and his wife were beneficiaries of C's current will, along with several other beneficiaries, many of whom C had lost contact with.
Some of the beneficiaries objected to the proposed variation to the existing will by the Deputy. The Official Solicitor was appointed to represent C in the proceedings. The Official Solicitor visited C and determined that she had lost testamentary capacity, however could express her wishes and feelings.
It was determined that a gift of C's property would not be appropriate if C wanted to benefit our client and his wife, as there was a chance she would require residential care and the property would have to be sold. Following some written negotiations with the parties it was established that an increase in the proportion of the residuary estate passing to our client and his wife would be a better solution.
We then drafted the statutory will and obtained approval from the Court of Protection.