Wills + Probate: Can I write a Will if I have Dementia?

Dementia impacts cognitive ability, but having the condition doesn’t automatically disqualify you from making a will. However, certain legal requirements must be met to ensure the will’s validity.

Capacity

You must have testamentary capacity to make or alter a valid will. This is your legal and mental ability to understand the nature and consequences of creating a will.

Even with dementia, you may still possess testamentary capacity, depending on the severity and stage of your condition at the time you make the will.

The key components of testamentary capacity are:

Understand the nature and extent of your assets

You must be aware of what you own, from property to bank accounts, and have a general understanding of their value.

Appreciate who are the potential beneficiaries of your estate or who could claim against your estate

You must be able to recognise these potential beneficiaries such as family members and dependants, but you are not obligated to leave your estate to them.

Understand the will’s effects

You need to comprehend that by creating a will, you are giving instructions about how your assets will be distributed upon your death.

Make decisions free of undue influence

The will’s contents must be your decision alone without coercion or manipulation by others.

Having a poor memory will not prevent you having the requisite testamentary capacity.

Early Action Is Key

Dementia is a progressive disease and it’s crucial to act early. Once diagnosed, if you still have the mental clarity to understand the process, it’s advisable to execute or revise your will immediately. Waiting can increase the risk that you may lose mental capacity, at which point creating or modifying a will may no longer be possible.

To protect your will and help defend potential challenges in court, we recommend you take extra precautions, such as obtaining a medical evaluation to confirm your mental capacity at the time of making the will.

Summary

While a diagnosis of dementia may complicate the process of writing a will, it doesn’t automatically make it impossible. By acting early, you may still be able to create a valid will that reflects your wishes.

How we can help with making or updating your will.

For further information please see our website and our client feedback on Review Solicitors. If you would like to arrange an appointment with our friendly and professional Will writing team, please contact us by calling 01761 414 646 or emailing us on enquiries@th-law.co.uk or contacting us through our website.