Making a statutory will to protect the estate of a vulnerable person
We advised an attorney on making a statutory will to protect the vulnerable person’s (P) estate after their death and to adjust the inheritance under the existing will.
P suffered from dementia and resided in a care home. X and Y were P’s children and attorneys acting jointly and severally under a registered Enduring Power of Attorney (EPA). X and Y were also named executors in P’s existing will. Due to geographical proximity, Y handled P’s financial affairs and X did not have any reason to doubt Y’s actions. A couple of years later, X was notified by the bank and the care home that P’s estate had depleted and fees were due to the care home. X discovered that Y had been withdrawing large sums of monies from P’s bank account for expenses unrelated to P’s care and needs. Y could no longer be trusted with P’s affairs.
How we helped
X referred the matter to the Court of Protection and Y was removed as an attorney due to their actions. We advised X to make a statutory will on P’s behalf. Under the terms of the proposed will, Y would no longer be an executor to P’s will. By making such a will, X would remove the risk of Y having control of P’s finances after P’s death.