A diagnosis of Alzheimer’s does not, by itself, prevent someone from making or updating a will. What matters is testamentary capacity at the point of signing under the Banks v Goodfellow test. Where capacity is borderline or fluctuating, sound appointments of executors and trustees become even more important to ensure smooth administration and robust decision-making.
What executors do — and why choice matters
Executors collect assets, settle debts and taxes, and distribute the estate according to the will. Our probate solicitors can support executors through every stage of this process. Estates involving Alzheimer’s often include protective structures (for example, life-interest or discretionary trusts). That adds complexity: HMRC deadlines must be met, valuations gathered, and records kept carefully. Choosing people who are organised, financially literate and willing to take professional advice reduces delay and disputes.
How many executors?
You may name any number of executors in your will, but probate will only be granted to a maximum of four; in practice, naming 2 is usually sensible, or 1 lay person with a professional.
Should I appoint a professional?
Consider a will writing solicitor, accountant or trust company where the estate is complex (business/overseas assets), there are vulnerable or conflicted beneficiaries, or family dynamics are strained. Fees are paid from the estate but can prevent costlier mistakes. A blended model (trusted family member + professional) often works well.
What makes a good lay executor?
Look for someone who is trustworthy, organised, responsive and UK-based (simplifies banking, tax and probate), with good relationships across the family but no obvious conflicts. Prefer someone younger or of similar age so they’re likely able to act when needed.
Trustees for ongoing management
If the will creates a trust — common where a spouse has a right to occupy the home or funds are set aside for care — trustees manage those assets after probate. Trustees must act in beneficiaries’ best interests, invest prudently in line with the Trustee Act 2000 (including the standard investment criteria and regular review), and keep clear records. Aim for 2–3 trustees with complementary skills; consider at least 1 independent or professional for objectivity.
Special points where Alzheimer’s is in the picture
- Capacity safeguards. Ask your solicitor to follow the “golden rule” (from Kenward v Adams): obtain a contemporaneous medical opinion on capacity and document the will-making process. This reduces the risk of later challenges. If a dispute does arise, our civil litigation team can help.
- HMRC & TRS. HMRC timelines still apply (for example, Inheritance Tax payment and reporting). Trust Registration Service (TRS) registration may be required depending on the type of will trust and whether it becomes liable to UK tax; your advisers should confirm the position.
- Replacement provisions. Build in mechanisms so administration doesn’t stall. The will and any trust should allow appointments of new or additional trustees if someone dies, lacks capacity or retires; note that section 36 Trustee Act 1925 provides statutory routes (subject to conditions).
- Letters of wishes. A signed, dated letter (not legally binding) can guide executors and trustees on priorities such as care costs, property decisions and how any discretion should be exercised.
- Coordination with LPAs. Lasting Powers of Attorney operate during life, while executors and trustees take over on death. Align the people where possible, or explain differences in your letter of wishes to avoid confusion.
Practical next steps
- List 3–4 candidates and check willingness, availability and skills.
- Decide whether to appoint a professional alongside a family member.
- Prepare a clear letter of wishes and store it with the will.
- Review appointments every 2–3 years or after major life events, and reconfirm TRS status if a trust is in place.
With the right blend of family and professional support — and clear safeguards — your wishes can be carried out with care, transparency and minimal friction.