Will Writing and Dementia
Dementia affects about 50 million people worldwide, but does dementia affect the quality of will writing? It is a frequently asked question, particularly since a diagnosis of any sickness often leads to the creation or revision of a will. This blog discusses creating a will while suffering from dementia.
Can You Write a Will if You Have Dementia?
For a will to be deemed legitimate, the testator must possess testamentary capacity. When the will is signed, this is verified in writing. The person must be able to comprehend the following in order to be verified as having testamentary capacity:
- What a will is;
- What happens when it is used;
- What the testator intends to leave in the will and to whom;
- Obligations to the family.
Under the Mental Capacity Act 2005, a person lacks testamentary capacity if they are unable to comprehend or remember the information above. This indicates that they lack the legal authority to decide on matters related to creating a will.
Nonetheless, if the person has memory problems but satisfies the prerequisites, they might still be able to make their own decisions. Dementia does not always imply that you are incapable of making a will, and incapacity can take years to manifest.
The Statutory Will
In accordance with the testator’s best interests, the court creates a statutory will on their behalf. This is carried out in accordance with the 2005 Act and must take into account the testator’s prior desires, sentiments, and values to ensure it aligns with what they would desire if they were capable. If a testator has no existing will or their circumstances have changed dramatically since drafting one, a statutory will is employed. For official guidance, see Alzheimer’s Society advice on Dementia and Wills.
Unsure About a Will?
A will may be contested if you have doubts regarding its legality or whether the testator had testamentary capacity when drafting it. A legal standing will should be in place before this, as it may pose issues with the person’s estate after death.
Make a Plan
It’s always smart to plan ahead. The best way to safeguard your preferences for your possessions after death is to create a will, keep it up to date, and revise it after significant changes. We never know what the future holds; therefore, it’s wise to designate a power of attorney in case the testator’s competence is impaired. Learn more about powers of attorney and making a will for comprehensive guidance.
For help with estate planning, contact Probate London on 0208 0171029.
