Henry aged 65 has a significant learning disability and does not appreciate money. He has 5 brothers and sisters, four of whom don’t visit or check on his wellbeing. After the death of his mother his one remaining sister, our client, brought him into her family home where we he has lived for the past 20 years. She is now 70 and realises plans will need to be made for his future.
Henry’s older brother died without a Will and his estate was shared with all his siblings leaving Henry an inheritance of £60,000. Henry does not understand what a Will is, but he tells his sister “you are special and you are to have my things”.
We made application to the High Court for the preparation of a Statutory Will on behalf of Henry. The Master authorised a Will to be signed on Henry’s behalf benefitting Marie, her daughter and her grandchildren as the only family members engaged with Henry in his constant care.
Without a Statutory Will on Henry’s death his siblings who have not shown any interest or thought for him as an adult, would share in his estate equally. This is no longer the case as the Court has concluded it is likely that he would wish to benefit Marie and the family who have cared for him to the exclusion of those who have disregarded him.
The names of the people cited in this case study have been changed for anonymity purposes.