Can a person with Dementia make a valid Will?

Contrary to popular belief, it is often possible for a person suffering with Dementia to make a Will.

Dementia is a degenerative condition which can often progress quickly and therefore if you do wish to make a Will or Lasting Power of Attorney, timing is key.

In order for someone to make a Will they must have what is known as testamentary capacity. 

This means having the necessary cognitive ability to understand:

• The purpose of a Will
• The extent and value of their assets
• The effect of decisions included in the Will, including omission of individuals who can have a claim upon their estate 

If someone has a dementia diagnosis it is best practice to consult with a Solicitor to ensure that they are satisfied of testamentary capacity.  If capacity is in doubt it may be necessary to get an assessment of capacity by an independent medical expert before proceeding to take instructions.

What if an assessment of capacity comes back negative?

If it is found that a person does not have capacity it will not be possible for them to put in place a valid Will or Lasting Power of Attorney and it would be necessary for friends or family members to apply to the Court of Protection be appointed as a Deputy to manage their affairs. A Deputy cannot change the terms of a Will which has been put in place whilst a Dementia patient had capacity, however where there is no Will in place a Deputy can apply to the Court to create a statutory Will on behalf of the person who lacks capacity. 

At Jordans Solicitors we have worked with the Alzheimer's Society Dementia Friends initiative to enable us to provide the best service and understanding for those living with Dementia.