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All causes of death will be listed on a death certificate. If a person has dementia at the death of death, it will be noted on the death certificate together with other causes of death.
The original death certificate is lodged to the Probate Office when applying to administer an estate. If the deceased person made a will within ten years of the date of death and the death certificate lists dementia on it, then the Probate Office will require an Affidavit from the deceased’s doctor confirming the deceased had capacity at the death the will was made. This is a short Affidavit confirming the date the Will was made and that the person has capacity at that time.
An Affidavit of Capacity may also be requested by the Probate Office when the place of death listed on the death certificate is a psychiatric institution.
Madden Law is a Drogheda solicitor’s firm located in The Byranstown Centre. With ten years experience, Madden Law adopts a modern approach to providing legal services for our clients.
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