Lady Lacking Capacity has Cash Withdrawn by Family Member

W was an elderly lady who lacked capacity to manage her financial affairs. She had been admitted to a care home following the death of her husband, when her niece discovered that a cousin had moved into W’s house, withdrawn cash from her account and had allegedly sold her furniture and car.

The cousin was also named as a beneficiary under W’s Will, made several years ago when she was starting to lose capacity.

We made an application to the Court, on behalf of the niece, for a new Will to be made. On the evidence that we provided, the Court was satisfied that the cousin’s behaviour was a factor that W would be likely to consider if she was able to do so.

It was not necessary to prove the actual fraud by the cousin; merely that he had taken advantage of a vulnerable person.

On that basis, the Court decided that a new Will, that excluded the cousin, would be in W’s best interests.