QLD Will question with Dementai involved

[slaw]

Hi,

I'm asking for a friend, my friend's husband made a will 2014 which left everything to his wife. Six months prior (June 2019) to his death (death was Jan 2020) he changed the will without the wife's (carer) knowledge.

He has stated in the current will that the martial home of over 20 years must be sold, 50% to his wife and the other 50% to his biological children only (none to her biological children). It states on his death certificate that the husband had suffered dementia of two years prior to his death.

He had no power of attorney in place, and he has gone and done this will by himself. Because he had dementia as stated on the death certificate, is the will 6 months prior to his death valid?

Thanks in advance.

 

[Jacqui Brauman]

No, the will is not necessarily invalid. Someone with dementia may still have testamentary capacity.
The questions is for the Court to decide, and the Court doesn't just use medical evidence, but also lay person evidence and the evidence of the solicitor who made the last Will.
Depending on the medical evidence at the time of the Will, it may be worthwhile your friend challenging the Will. But the outcome is not certain based on your question.

 

[slaw]

No, the will is not necessarily invalid. Someone with dementia may still have testamentary capacity.
The questions is for the Court to decide, and the Court doesn't just use medical evidence, but also lay person evidence and the evidence of the solicitor who made the last Will.
Depending on the medical evidence at the time of the Will, it may be worthwhile your friend challenging the Will. But the outcome is not certain based on your question.

Thank you for answering my question.