Are you caring for a relative at home or contributing to their care home fees?
If you are, it may well be that the person for whom you are helping wishes to remember you within their Will in a greater % than other family members.
While this seems totally reasonable as a gesture of thanks for all that you do for them now, after their death, this could become a real problem for you.
Allegations of undue influence by you on the testator may be made by siblings and/or fellow beneficiaries;
The testator's mental capacity at the time of making the Will may be challenged by other beneficiaries who feel that they have been left out or had their ''share'' significantly reduced
To avoid this, there are 4 helpful tips for you:
Put a Care Contract in place clearly stating what your role is and how you are to be compensated thus preventing any allegations of fraud or misuse of the person receiving care's funds;
If the person receiving care has the capacity to do so, they should appoint you as their attorney within a Lasting Power of Attorney for Property and Finance and Health and Welfare which is then registered with the Office of the Public Guardian;
When writing their Will, the testator should compose a memorandum of wishes, thoroughly explaining their motivation for their gift to you and its justification;
At the same time, it would be a very good idea to obtain confirmation in the form of a letter from the testator's doctor declaring that, at the time of writing the Will, the testator had full mental capacity so to do.
If you need help with any of the above call us free on 0800 668 11 64