A very distant relative recently died from cancer. She had had cervical cancer for two years.
To my knowledge she never had Chemotherapy, but I believe that in her last year she had "key hole " surgery to remove some tissue..
Three months before she died a nephew took her to a solicitor and had her change her will to favour him.
It has ben suggested that at the time that she changed her will her mental state could have been flawed due to the cancer and that the changed will could be challenged.
Does anyone have any information or sources that would throw some light on how if any terminal cancer could effect a person's decision making.
I hope you are not too badly affected.
A tricky situation. I found this site (which suggests she would be mentally capable). It also gives examples of those not being able to write wills i.e. click on the right hand column where it says "What is the Mental Capacity Act?"
Presumably there was a witness when the will was signed?
A very distant relative recently died from cancer. She had had cervical cancer for two years.
To my knowledge she never had Chemotherapy, but I believe that in her last year she had "key hole " surgery to remove some tissue..
Three months before she died a nephew took her to a solicitor and had her change her will to favour him.
It has ben suggested that at the time that she changed her will her mental state could have been flawed due to the cancer and that the changed will could be challenged.
Does anyone have any information or sources that would throw some light on how if any terminal cancer could effect a person's decision making.
Emotionally charged, yes, no brain damage. And true that most of our decisions are tainted by feelings.
Wills are tricky things.
Us humans live in discord and carry on doing the same that after death.
She willed it in his favour, maybe because he was there for her? If other claimants lived far away, that may have affected her decision to favour one that was closer? People with terminal diseases can feel vulnerable and lonely, not to mention fear. In most cases, there can also be a disenchantment...with human relations, money matters. Directly In face of death people respond differently to how the rest of us do
As far as Most cancers go, they don't not make people senile and mentally flawed, especially if she didn't have cancer of brain and didn't receive intrusive treatment. Some medication can affect memory and cognitive abilities. There's perhaps a case if she did take medicines that are known to have such side effects.
That's not what I expected this thread to be about!
Anyway, my thoughts - she might have been under a lot of stress and suffering from anxiety which can affect one's judgement so if he said the "right" things he could have persuaded her eg "I'll make sure your daughter gets looked after". It also depends on how old she was; if she was in her 70s she may have been suffering from dementia in some form.
A very distant relative recently died from cancer. She had had cervical cancer for two years.
To my knowledge she never had Chemotherapy, but I believe that in her last year she had "key hole " surgery to remove some tissue..
Three months before she died a nephew took her to a solicitor and had her change her will to favour him.
It has ben suggested that at the time that she changed her will her mental state could have been flawed due to the cancer and that the changed will could be challenged.
Does anyone have any information or sources that would throw some light on how if any terminal cancer could effect a person's decision making.
Legally speaking it would have to be looked at on an individual case basis, if a challenge is made by a relative.
There would be more to consider than the few details that you have posted here.
Medical details would have to be looked at to consider, her mental ability due to age, her mental ability due to state of health, her mental ability due to any drugs being administered etc. as well as whether there is any evidence she was coerced into changing the will against her will or whilst not completely lucid. However, as someone else has already mentioned, that can be a tricky process to go through considering the will should have been witnessed by someone 'independent' who was happy that she was of sound mind at the time.
A very distant relative recently died from cancer. She had had cervical cancer for two years.
To my knowledge she never had Chemotherapy, but I believe that in her last year she had "key hole " surgery to remove some tissue..
Three months before she died a nephew took her to a solicitor and had her change her will to favour him.
It has ben suggested that at the time that she changed her will her mental state could have been flawed due to the cancer and that the changed will could be challenged.
Does anyone have any information or sources that would throw some light on how if any terminal cancer could effect a person's decision making.
It is very unlikely that her mental capacity was affected by cancer - medical records would need to be accessed where this may be noted.
Are specific family members objecting to the change of will? If so, they could get advice through either a lawyer or CAB, and raise a legal objection. It can be costly, and is time sensitive. Has the nephew been named the sole beneficiary? Was the Executor made aware of the changes? It can be a nightmare - the same scenario has happened within both my maternal and paternal families. Due to arguments following the death of one family member, my parents were forced to take legal advice. As it happens, what little there was in the estate, was gifted to an animal charity 6 months prior to death. It was very messy, and fractured the rather tenuous 'family' so much that none have been in contact for more than 40 years!
Thanks for the many reply's. I will get back when I have more information.
Regards
It is very unlikely that her mental capacity was affected by cancer - medical records would need to be accessed where this may be noted.
Are specific family members objecting to the change of will? If so, they could get advice through either a lawyer or CAB, and raise a legal objection. It can be costly, and is time sensitive. Has the nephew been named the sole beneficiary? Was the Executor made aware of the changes? It can be a nightmare - the same scenario has happened within both my maternal and paternal families. Due to arguments following the death of one family member, my parents were forced to take legal advice. As it happens, what little there was in the estate, was gifted to an animal charity 6 months prior to death. It was very messy, and fractured the rather tenuous 'family' so much that none have been in contact for more than 40 years!
Oh Jabba - I am familiar with that scenario myself. The family unit got destroyed when my sister disputed mum's will...and this was while she was still alive and was aware of this! We are having to resort to solicitors (mum has now died). Apparently it is all too common for family and relatives to fall out over a will. Money shows the ugly side of human nature.
Mental health problems like depression are common with cancer. It is very stressful. But that doesn't mean she had lost the capacity to make decisions for herself. And that is what would have to be proved for a successful challenge. Any will can be challenged of course
A fri
Mental health problems like depression are common with cancer. It is very stressful. But that doesn't mean she had lost the capacity to make decisions for herself. And that is what would have to be proved for a successful challenge. Any will can be challenged of course
A friend of mine is battling cancer now and she had some severe depressions going on , but she tries to manage this. she cant afford a therapist, so it's really a sef-cure thing.
A fri
A friend of mine is battling cancer now and she had some severe depressions going on , but she tries to manage this. she cant afford a therapist, so it's really a sef-cure thing.
If she is in UK, she can get free talking therapy that specifically deals with such issues. She can go to her GP and ask to be on the waiting list (hopefully not too long, depends on the area).
The most commonly diagnosed comorbid mental health conditions for cancer patients are conditions that fall on the affective . mental heath problem like depression, as well as several different stress adjustment and coping conditions.
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