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April 06
Edition

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Warning! No Will There’s
No Way . . .
[by Dr Graeme Smith, Managing Director of The Lost Dogs Home]
The Sad Story of the Cat Lady

It’s not uncommon to put off making a will. Most people associate them with death and dying. Even quite elderly people often feel like putting if off “until a more appropriate time”. A recent case in which The Lost Dogs’ Home was involved dramatically underlines the pitfalls of such an attitude.

A widowed elderly lady, known affectionately as “the cat lady”, who had devoted her life to looking after animals, never found the time or inclination to make a Will. She was much too busy looking after her house full of cats plus two dogs and fending off complaints about them from neighbours.

When eventually, at a very advanced age, she was unable to look after herself she was admitted, for her own welfare but against her will, into a nursing home. She never gave up on the idea that one day she would be able to return to her home and look after her houseful of cats. It was an impossible dream - but she didn’t know that.

As her physical condition deteriorated further she realised that she might die in the Nursing Home. So at that late stage she asked the solicitors that had handled her affairs years earlier to draw up a will.

The cat lady had no children or dependants. Her nearest next of kin were nephews who would take her estate if she didn’t have a Will. She instructed her solicitors that those relatives were not to inherit and that she wanted her estate to benefit the Lost Dog’s Home and another animal organisation.

A partly handwritten Will was signed at the Nursing Home on the day she gave instructions to her solicitors, to tide matters over until the fully typed Will was ready. Unfortunately her health deteriorated later that same day or the next and she never recovered.
This Will was subsequently contested on the grounds that when she gave her instructions she lacked the capacity to understand what she was doing. It was said that the deterioration had already begun by the time she saw the solicitors.

It was said that it didn’t matter that the cat lady had, all her life, intended her estate go to benefit animal organisations.

Her intentions were defended by the The Lost Dogs Home and the other animal welfare organisation involved, and supported by her doctor and friends and the solicitors who had seen her make her Will. The matter went to Court but was ultimately settled.
This case certainly underscores an important message to those who intend to make provisions for the welfare of animals in their will. That is that they should be sure to do so at a time when no-one in the future can possibly dispute their capacity to have done so. And of course the only time that anyone can do that is right away – for who knows what even the immediate future will bring?

Her sad experience is a legacy the cat lady bequeathed to such people. They would do well to heed it. Because where there’s no will there’s no way. And there never is a better time to make one than the present.

Anyone who wishes to discuss this important issue may do so by phoning me on my direct line on (03) 9321 8788.

by Dr Graeme Smith

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