I was intrigued to read this article due to the unusual circumstances it dealt with.
An adult child obtained an order last year preventing her father from marrying his partner. Her father is in his 80’s, suffering from Alzheimer’s and she had been granted Power of Attorney over his affairs.
Initially her injunction was successful on the basis the evidence suggested her father did not have sufficient capacity to marry. However, this week the injunction has expired and the court have refused to extend it on the basis that the evidence suggested that although the father did not have capacity sufficient to write a will, he did have sufficient capacity to agree to marry.
In this scenario, the inheritance likely to be received by his children is significant less on their father’s death. Often concerns such as this are dealt with by parents entering into pre nuptial agreements on second marriages, and having carefully drafted wills to protect their children’s future inheritance and any risk of assets being dissipated by their parent’s subsequent divorce.
For more information about prenuptial agreement please visit www.freethsoxford.co.uk/prenups
or give me a call on 01865 781182.
after a third hearing, Judge Nicholas Marston has ruled the man has the capacity to marry, and urged the other parties involved to 'find a way of moving forward together after this very bitter dispute'.