We received a telephone call from a lady who’s father was terminally ill in hospital and wanted to make an emergency will. We attended the hospital, with laptop and printer to take instructions and draft the will to sign all in one appointment.
Upon attending we were advised that ladys mother also wanted to make a will and she had recently been diagnosed with dementia. We therefore had to take careful instructions to confirm that everyone had capacity, was aware what they were doing, what instructions they were giving etc. from discussing the clients estate with them both it was clear that there was an issue with their property as they wanted to leave shares of it to their children under their wills. However, at the time they owned it as joint tenants, this would mean that the house would automatically pass by the right of survivorship as opposed to under the will. They therefore needed to sever the joint tenancy in order for them to leave their share of the house under their will. We went back to the office and drafted the relevant forms enabling them to do this, appreciating that time was of the essence given the clients critical condition, we then went back up to the hospital with the forms for them to sign to affect the severing of the joint tenancy meaning that they could leave a share of the property under their will as they wanted to do. Given that the ladys mother had been recently diagnosed with dementia we also assisted her with power of attorney.