How to help a loved one write a will

Caring for a loved one with dementia involves many responsibilities, one of which is ensuring their wishes are respected, even when they are no longer able to express them clearly. Writing a will is an essential step in this process. If your loved one has been diagnosed with dementia, they may still be able to create a will, and here’s a simple guide to help you support them through this important task.

Understand why a will matters

A will is a legal document that expresses your loved one’s wishes regarding how their money, property, and possessions will be distributed after they pass away. Having a will ensures their desires are clear and eases the burden on the family, reducing the potential for conflicts.

Check their mental capacity

To create a valid will, your loved one must have what’s known as “mental capacity.” This means they understand what a will is, what it does, and the decisions they’re making. Even with a dementia diagnosis, they may still have the mental capacity to write a will, especially in the early stages. It’s important to check with a professional to confirm that your loved one is still legally able to do this.

Help gather important information

Assist your loved one in listing their assets. This could include their home, savings, investments, and personal belongings. You can also help them think about who they’d like to leave these items to, known as their beneficiaries. Having all this information ready will make the process smoother.

Choose an executor together

An executor is the person responsible for ensuring the will is carried out as intended. Help your loved one choose someone they trust, who is reliable and willing to take on this role. It could be a family member, a close friend, or even a professional, such as a solicitor.

Seek professional guidance

Working with a solicitor or a professional experienced in wills is essential when dealing with dementia. They can help ensure that the will is legally valid and accurately reflects your loved one’s wishes. You can find solicitors through the Law Society website, link below, which is a useful resource for locating professionals in your area.
https://solicitors.lawsociety.org.uk

Write down their wishes

Help your loved one clearly state who they would like to inherit their assets, and specify any particular items for specific individuals. This might also be a good time to discuss any other wishes, such as funeral arrangements, and include them in the will.

Ensure the will is properly signed and witnessed

For the will to be legally valid, your loved one must sign it in front of two witnesses, who must also sign the document. These witnesses cannot be beneficiaries or be married to anyone benefiting from the will.

Store the will safely

Once the will is written, it’s important to store it securely. You might keep it at home, with the family solicitor, or use a will storage service. Make sure the executor knows where the will is stored.

Review the will regularly

Life changes, and so can your loved one’s wishes. It’s a good idea to revisit the will regularly, especially if their circumstances have changed. If adjustments are needed, a new will can be created or amendments made to the existing one.

Seek ongoing support

Helping a loved one with dementia write a will can feel overwhelming, but you don’t have to do it alone. Organisations like Age UK or the Alzheimer’s Society provide helpful resources and advice. They can offer guidance for you and your family, ensuring that your loved one’s wishes are respected and that the process is as stress-free as possible.

By taking these steps, you can ensure your loved one’s affairs are in order, giving them peace of mind and supporting them through this part of their journey.

Sources: Age UK, Alzheimer’s Society, Law Society, Alzheimer’s Research UK