NSW Mother with Dementia - Possible to Contest Her Will?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Marina

Member
19 September 2015
2
0
1
Hello
My mother is elderly and has dementia. She has recently secretly told my son that she is going to change her will to make it so that the house (family house) is not to be sold.

My sister is the executor of will and there is only me as the second sibling. We don't believe that this decision is very wise or rational. I live in another state and my sister has her own property which will then leave the family home empty and vulnerable to squatters and or vandals should she pass and this will of hers be in place. We would have no option but to sell the house. We both need the money and would rather it be sold.

What can we do? Can we contest or dispute the will when our mother dies?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,966
822
2,894
Sydney
  1. Until she changes her will, she hasn't changed her will.

  2. Any responsible solicitor will approach with great caution
    any request by a dementia patient to change their will.
    If she (you) don't already have a solicitor assisting with her late-life affairs,
    then I strongly suggest getting one without much delay.

  3. In anticipation of the possibility that some well-meaning nursing home worker,
    or some busybody friend, buys her a DIY Will Kit from the newsagent,
    start collecting medical information that can be used later if needs be.