I have a client who has drafted a will but the beneficiary has lost her capacity, what would the best advice be to give to the client.
Correct me if i am wrong, if we arrange a court of protection order for the beneficiary who has lost capacity the deputy would be entitled to receive the entitlement of the one who has lacks capacity.
It’s fine for your client to leave gifts to a person who has lost capacity. The advice however, should be centered around how this would be managed for them when they eventually stand to benefit.
A court appointed deputy is certainly one way but that may not be in your client’s control.
If your client wants certainty within the will then they should perhaps consider setting up a trust and nominating appropriate trustees to look after those assets for the beneficiary.