Case ConundrumWills, Other Documents, Children and Pets, Marriage/ Divorce, Gifting, Charity

Case Conundrums, Stephen Wells

December 8, 2021

As a firm we have decided to perform mental capacity checks on all clients from a risk management point of view. We now use the mental capacity check in Arken in partnership with Comentis, as this offers the consistency that all our users are performing the same check and the report is provided by a third party.


Stephen Wells DOB 22/07/1976 is living with his partner Rose Thompson. Stephen is a personal trainer and has a successful blog website relating to fitness.


  1. Stephen wants to make a Will in contemplation of marriage with it conditional upon the marriage taking place.
  2. He wants to appoint Rose and his uncle Brian Wells as joint executor of his estate (Uncle Brian is a solicitor). If Brian has predeceased, he wants to substitute just him with your legal firm.
  3. Stephen has one child Oscar Patterson, who was born in 2016, with his ex-partner Hannah Patterson.
  4. He wishes to appoint a guardian for Oscar in the event of his death, with the condition that it is only to apply if his ex-partner Hannah Patterson has not survived him. He would like to appoint his sister Laura Wilson and her husband Ryan Wilson as guardians.
  5. He wishes to gift his website to his partner Rose, as she assists him with marketing and content. If Rose has not survived him, he wishes to gift the account to his son Oscar once he turns 21.
  6. He would like to set up a discretionary Trust in the amount of £50,000 for his son Oscar, if Oscar has predeceased, he would like this to go to the charity, UK Active.
  7. He would like to gift his gold Rolex watch to his son Oscar
  8. Following the recent passing of his father after a battle with Alzheimer’s, he wishes to give a gift of money of £10,000 to Alzheimer’s Research UK.
  9. Gift the residue on a Life Interest for Rose and then to pass to Oscar on her death
  10. As he now knows that Alzheimer’s runs in the family, he also wishes to create an LPA for Health and Welfare.
    1. He would like to appoint Rose and Simon Wells, his brother, as Attorneys and have them acting jointly and severally.
    2. He would like to appoint Laura as a replacement attorney.
    3. He wants his attorneys to have the authority to make decisions about life sustaining treatment on his behalf.
    4. He would like to ensure a statement is included that he would like to exercise at least 4 times a week if he is physically able to do so and he would like to spend time outdoors at least once a day.
    5. He would like to appoint you as the certificate provider.


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