Wills and Estates - Mother with Dementia

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15 August 2014
Elderly mother in laws will was made whilst she was of sound mind. Has been in full time care with advanced dementia. She bequeathed her home to her youngest son. Home was sold to fund her care trust. Remaining cash estate to be divided between three sons. Question: does the son who has been bequeathed home (now cash) receive the value of the then sold home or does it become part of the cash estate division? Thx

winston wolf

Well-Known Member
21 April 2014
From what I've seen the courts flip flop a lot on this issue.
One judge will say that as the home no longer exists therefore that part of the will is void(obviously there's Latin involved when they say it ;))
Another judge will say that the proceeds of the home should be treated as the same asset, as this would be the testators wish.

Having said that more and more the latter is the attitude of the courts.

You may need an agreement from the other beneficiaries, but giving the youngest son the refund from the care trust is probably the way to go.
Otherwise you need to apply to the court for a determination($$$)

The assumes nobody is planning to contest/challenge the will.e home
I am also amusing the home was sold by her EPOA.