Receiving an Alzheimer’s diagnosis does not automatically prevent someone in the UK from making or updating a will. What matters is mental capacity at the time the will is signed, careful timing, and robust safeguards to protect the person’s wishes from challenge later.
Capacity: what the law requires
In England and Wales, capacity is judged under the common-law Banks v Goodfellow test, read alongside the Mental Capacity Act 2005. The person making the will (the “testator”) must understand:
- that they’re making a will and its effects;
- broadly what they own;
- who might expect to benefit (including those excluded); and
- the decisions must not be skewed by a mental disorder.
Capacity is decision-specific and can fluctuate, so even with Alzheimer’s there may be “good” times of day when comprehension is stronger. A solicitor will usually explore understanding with simple questions and keep a clear attendance note.
Timing: act early and plan ahead
Alzheimer’s is progressive, so earlier is better. If the person still has capacity, tackle the will promptly and consider linked planning:
- Power of attorney documents for Property & Financial Affairs and for Health & Welfare so trusted attorneys can act if capacity declines.
- Letter of wishes to explain reasons for including or excluding beneficiaries, or for leaving unequal shares.
- Review of asset ownership (e.g., jointly held property, pensions, life assurance nominations) so the overall plan is consistent.
Safeguards to reduce disputes
Challenges to wills after dementia diagnoses typically allege lack of capacity, undue influence, or want of knowledge and approval. These steps help make a will more resilient:
- Professional drafting. Use a specialist solicitor experienced in Alzheimer’s cases; they will structure questions to test understanding and keep detailed notes.
- Medical opinion (the “Golden Rule”). Where there’s any doubt, obtain a contemporaneous capacity assessment from a GP or, ideally, an experienced consultant. Ask for a short report addressing the Banks v Goodfellow limbs.
- Independent environment. Ensure discussions occur without potential beneficiaries present to avoid any suggestion of pressure.
- Clear, simple terms. Avoid overly complex gifts if comprehension is marginal; keep the structure straightforward.
- Execution formalities. In England and Wales, the will must be signed by the testator (or someone at their direction) in the presence of 2 adult witnesses (ideally independent and not beneficiaries or their spouses/civil partners), who then sign in the testator’s presence. If a beneficiary or their spouse/civil partner witnesses the will, their gift fails.
- Record-keeping. Ask the solicitor to retain attendance notes, a copy of the medical opinion, and—where appropriate—a brief signed statement confirming the testator’s understanding. Some firms will also arrange a short video at the point of execution (discreetly and with consent).
Practical tips for families
- Choose the right moment. Many people with Alzheimer’s think most clearly in the morning; schedule meetings then.
- Bring summaries. A one-page list of assets and intended beneficiaries helps the testator focus.
- Be patient. Allow breaks and avoid rushing decisions.
- Review regularly. Revisit the will after major life events or if the condition changes. When the time comes, our probate solicitors can support the family through estate administration.
What about Scotland and Northern Ireland?
Rules differ. In Scotland, “legal rights” for spouses/civil partners and children can override parts of a will over the moveable estate, and a will is generally self-proving with 1 witness (not 2 as in England and Wales). In Northern Ireland, capacity principles are similar to England and Wales and execution typically requires 2 witnesses, with gifts to attesting witnesses void. Local advice is essential to reflect jurisdiction-specific rules.