Can someone with dementia make a valid will? - Lewis & Dick Solicitors

• 16th March 2023
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• You can still make a will and set up lasting power of attorney if you get dementia
• But widely-held misconceptions about dementia can lead to family disputes 
• Legal experts give five tips on how to get the process right 

If you or a loved one are diagnosed with dementia it is possible to make a will while you still have periods of lucidity, say legal experts.

It is also advisable to set up lasting power of attorney, a legal failsafe which allows someone you trust to take over control of your affairs, while you are still medically assessed as able to make decisions for yourself.

But you should take care in how you handle the process, because widely-held misconceptions about dementia can lead to family disputes and claims against a will, warns solicitor Katie de Swarte of Osbornes Law.

Her firm has seen a 40 per cent rise in enquiries since the end of 2021 from people who believe a loved one’s will is invalid because it was made or amended after a dementia diagnosis.

De Swarte says those living with the condition – 900,000 and rising in the UK – might want to write or change their will but think they can’t as it would not count.

Many people do not make a will, with a new survey from finance firm Killik and Co showing that more than half of adults have not set down their last wishes. Even a third of over-55s don’t have a will, it found.

But it is still possible to create one after a dementia diagnosis as long as you still have ‘testamentary capacity’, the legal term used to describe the ability to make or alter a valid will, says De Swarte.

For further details:

Call Ms Hayley Bholah on 020 8393 0055

or visit https://www.lewis-dick.co.uk/wills-and-probate-surrey/