Advice

Can you make a Will after you’ve been diagnosed with dementia – and should you?

Thinking about making a Will can feel difficult. Even more so if you’re overwhelmed with emotions after a dementia diagnosis.

But making a Will means that the people or causes you want to inherit from you can do that. It also makes things easier for those close to you after you die.

However, no one should force you to make a Will – it must be your choice.

Mental capacity

Many people with dementia do make Wills, but the sooner you do it, the better.

For your wishes to be followed, you need to have ‘mental capacity’ to make your Will at the time you make it. As your dementia progresses, it will become harder to show that you had this.

Using a solicitor

It’s a good idea to get help from a solicitor or other legal professional, such as a legal executive. They can help you to express your wishes clearly and avoid mistakes.

They can also help to confirm that you had mental capacity to make the Will if this is challenged later.

Think about using a solicitor who has a good understanding of dementia. 

You could find a lawyer who has experience in supporting vulnerable and older people through Lifetime Lawyers.

What if there’s no Will?

If you don’t have a Will, your spouse or civil partner will be first in line to inherit from you. Any children you have will be next in line. If you don’t have either, then other relatives might inherit.

If you have a partner who isn’t your spouse or civil partner, they won’t automatically inherit anything. As with anyone else, they could only inherit a house or something else if they own it jointly with you.

Your tips about making a Will

Teresa Doherty Benton says,

‘I think it’s essential to make a Will, because if you have not made one, then the legal system of intestacy moves in. That may mean things you wanted are completely overlooked.

‘People can be reluctant because they don’t want to face the inevitable fact that we all go at some time. What can also inhibit making a Will is where you have differences of opinion, say about what should happen to joint property.

After a dementia diagnosis, act quickly – even if it’s just to confirm a Will that’s already been made

‘If there is a family dispute, any excuse to challenge it may be taken. Make the Will with a solicitor, rather than a homemade one you can buy off the shelf in a newspaper shop. The solicitor will make sure there’s a proper paper trail.

‘Remember also that there are three legal systems in the UK, and obligations to family members differ in each.

If you’re not giving something to a family member who might feel entitled to it, I would record why not. Not to say that “young Fred would drink it all or put it on the horses”, but maybe that you’ve looked after him for years and he’s well set up now.

‘Ensure that executors are asked before the Will is made and that they agree to act as executors. I feel that two executors are advisable for reasons of workload and avoiding allegations of taking advantage of the estate.

‘Know where the Will is. People put things away “safely” when no one else knows where “safe” is. And people with dementia can put things in obscure places, as I know from frequent searching for objects my husband has taken and stored... somewhere.’ 

Other planning

Writing a Will is a good opportunity to consider other legal steps to help plan for the future.

This could include setting up power of attorney for someone to make decisions on your behalf if needed, or an advance decision about your future care and treatment.