aisling o'b
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I am acting as executor in my dads will and the solicitor has been requested to provide an affidavit of testamentary capacity by the probate office. He suffered dementia in the last couple of years.
He needed to change doctor just before he changed his will in 2013 and the same doctor has this week said in a letter to my solicitor that he 'cannot assess on the issue of testamentary capacity'. I think he may suspect dementia before he took him on as a patient but there was no formal diagnosis of dementia.
The solicitor has said now that he [the solicitor] is going to provide the required affidavit to the Probate Office. Will this be accepted by the Probate Office? Will it put us in a weaker position? I am all worried that my dad's will will be set aside and we are put in an intestate position. There is no legal challenge or probate caveats likely or in place; all interested parties are happy with the will. Any advice much appreciated.
He needed to change doctor just before he changed his will in 2013 and the same doctor has this week said in a letter to my solicitor that he 'cannot assess on the issue of testamentary capacity'. I think he may suspect dementia before he took him on as a patient but there was no formal diagnosis of dementia.
The solicitor has said now that he [the solicitor] is going to provide the required affidavit to the Probate Office. Will this be accepted by the Probate Office? Will it put us in a weaker position? I am all worried that my dad's will will be set aside and we are put in an intestate position. There is no legal challenge or probate caveats likely or in place; all interested parties are happy with the will. Any advice much appreciated.
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