An expert has shared his views on how the growing number of dementia sufferers could impact the legal community.
Reported as the most common cause of death last year, there are an estimated 850,000 living with dementia in the UK. Given the pace that life expectancy is increasing at, this is set to rise to a global total of over 150 million by the year 2050.
Highlighting the significance of these figures for the wills and probate industry was Sir Robert Francis QC. He drew attention to how the rise in awareness and understanding of the condition could prove promising for those who have been disinherited in a relative’s will, as well stressing the importance of dealing with vulnerability in the most appropriate way.
As estate disputes are rarely out of the public eye, mental incapacity is becoming an increasingly cited reason for a relative being excluded from a will. However, as Francis mentions, it can be incredibly difficult to obtain evidence which would prove that the deceased was not of sound mind at the time that the will was written.
Capacity is essential when drafting a will, and it may, therefore, be beneficial to keep written evidence which proves that this is intact – as well as indicating precautions were taken, this avoids the potential for disputes later down the line.
In some cases, Francis highlights that obtaining an external opinion may be beneficial. This may be a professional medical opinion, given by a doctor who has been instructed by a legal professional. As well as the provision of up to date medical records, the doctor should also provide their opinion at the time that the will is being drafted.
When it comes to proving capacity, appropriate handling is essential; this is a sensitive issue, especially for vulnerable clients. Francis points out that difficulties can be avoided by explaining the consequences of failing to document proof of capacity.
Highly publicised cases such as Ilott v Mitson, only increase the likelihood of wills being challenged, resulting in costly consequence for all parties involved. Therefore, in order to minimise the risk of disputes later down the line, it’s essential that documentation proving capacity is provided. In light of the growing dementia figures, this issue becomes even more significant.
