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Court of Protection Finds Man has Sufficient Capacity to Marry

January 26, 2018 Family Law

The English Court of Protection recently heard an interesting case that centred on whether an elderly man with dementia had to get married, reports the .

The case had been brought by his three daughters, who allegedly didn’t want their father to remarry because it would reduce their future inheritance.

The man has apparently been with his partner for around twenty years and now wants to marry her. He wrote a will in 2013 that left the majority of his estate, including a property valued at around £1.5 million and cash amounting to £125,000, to his three daughters. His partner was to receive his pension, a lump sum of £300,000 and the right to continue living in the property.

However, if he married his partner this will would be invalidated and his wife would stand to inherit substantially more of his estate, while his daughters’ share would be significantly reduced.

One of his daughters held his power of attorney and went to court in an attempt to prevent the marriage, claiming that an independent assessment had found her father didn’t have the mental capacity to marry or make a new will.

However, in the opinion of the man’s GP and a consultant psychiatrist, he did have sufficient capacity to marry, although they agreed he wasn’t able to make a will. The psychiatrist also claimed that the man understood the consequences of getting married with regards to his daughters’ and partner’s future inheritances.

The Court of Protection has now ruled in the man’s favour, finding that he does have sufficient mental capacity to marry.

For expert legal advice on these issues, or other areas of family law, then contact our specialist family lawyers today.

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