Oldies

Right road, wrong turn

Wills and old age are a combustible mixture. And "old" varies from individual to individual.

This page should be read along with mental capacity and cases.

In November 2009, an 81-year old Australian man with 'slight dementia' drove to his local shops, took a wrong turn, got lost and continued driving. He clocked up 370 miles before seeking help.

British philosopher Bertrand Russell (1872-1970) made it to 98 with all of his marbles intact. So did American philanthropist Brooke Astor, but she lived for another seven years. During that period, she developed Alzheimer's and, among other things, thought that her butler was her late husband.

She also made two codicils to her will - apparently under duress. Undue pressure probably would not have been attempted when she was younger, and would not have been successful if it had been.

In 2007, prolific English novelist Sir Terry Pratchett announced that he had Alzheimer's Disease. He had not yet celebrated his 50th birthday.

Many elderly people become serial will-writers in old age. There is no law against it, but the older you are when you make or amend your will, the greater the likelihood of a costly court challenge - especially if the new will seriously disappoints relatives or friends.

In Brooke Astor's case, the codicils led to criminal charges, and her 83-year-old son and one of her lawyers were convicted of, and sentenced to jail for, fraud.

Even if no criminality is involved, civil court proceedings are costly, win or lose.

Mental impairment occurs at all ages - and for various reasons. In the popular imagination, the typical cause is simple senile dementia. But many other causes - not least, car and motorcycle accidents and cancer and other ailments affecting the brain - lead to cognitive breakdown. One day you may be capable of writing a new, or revising an old, will. The next day you are not. And because it might happen to you - and the odds increase with every passing day - the more reason you have for doing it now.

Teresa's Tale...

After her husband died, Teresa Testatrix (not her real name) made a new will leaving everything to her two children. As she became older and infirm, her children cared for her. The nice Jones couple in the house next door also helped Teresa.

After Teresa died, a new will surfaced. It left everything to the - surprise, surprise - neighbours. Teresa's own children and grandchildren were excluded.

Did this really happen? Yes and No. No - I made it up. Yes - this kind of thing happens frequently.

...and the truth, and nothing but the truth

What really happened behind Teresa's net curtains when her new will was made? Teresa may have deliberately, and in full command of her senses, decided to leave everything to the Joneses.

It is also possible that the neighbours manipulated a vulnerable Teresa, even forged her will.

Neighbours come with the territory, wherever we live. That territory may or may not contain our own children. Or one child may live close to mum and dad, but another lives elsewhere in the country and a third lives in Spain or Canada or Australia or America. When mum starts to decline, one child may be better placed to offer care than the others. And mum's will may reflect those differences. In our modern world, the potential for familial conflict is vast and varied.