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Making a will

If you haven’t made a will already, now’s a good time. Making one will put your mind at rest as you’ll know exactly what will happen to your money in future.

Just because you’ve got dementia it doesn’t mean that you can’t make a will, if you haven’t already got one. And it doesn’t mean you can’t change one you might already have either.

Deciding what will happen to your money and belongings in the future is something not many of us like to think about, but it’s important, and saves you and your loved ones from worrying about what might happen when you’re no longer able to have a say. If you don’t make a will, the state will decide what will happen to your money and possessions.


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Checking you’re able to make a will

Chances are if you’re reading this you have mental capacity (a legal term) to make a will. Basically, it means you’re able to make decisions for yourself and understand what will happen because of the decisions you’ve made.

If you’re unsure if this is you, things to consider include:

  • Do you understand what making a will means – and do you understand the effects it will have?

  • Do you know what you own and what you might owe? Do you have a sense of what belongings you have and what you’d like to do with them?

  • Do you understand that the money (or assets) you have now might change in the future?

  • Do you have a sense of who you might leave certain money or possessions to – and why?

You can get a medical opinion on your ability to answer these questions, just in case anyone queries your mental capacity (and the contents of your will) in future. Ask your GP who the best person would be to do that.

Some people feel that getting a medical opinion on their ability to make important decisions is worthwhile to avoid any problems with the will being contested later on. In fact, you might find that a solicitor will strongly advise that you do this before agreeing to help you make a will.

Five steps to making a will

  1. Speak to your doctor about getting an assessment to confirm you have mental capacity to make (or change) your will. Even if you feel you do, it will prevent problems in future.

  2. Unless your affairs are very straightforward, it’s best to find a solicitor to help you make a will. Some dementia charities can help you with this in the hope that you’ll make a donation to them in some way. Ask a trusted loved one for help finding a solicitor you feel comfortable dealing with.

  3. Before you agree to working with a solicitor, find out how much they will charge you – fees do vary. Also check they’re licensed with a professional body, such as the Solicitors Regulation Authority.

  4. Have a think about what you own and who you’d like those things to go to. Also think about who you’d like the executors of the will to be – they’re the people you’d like to handle the details of your estate after you’ve died. Your solicitor will keep a copy of the will for you, but you should also keep a copy at home and let the executors know where your will is kept.

  5. Once you’ve made a will you will need two witnesses to sign it in front of you – and neither must be named in your will as people who will inherit money or possessions from you when you die. Have a think about who you might ask to do this.