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Will enquiry

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  • Will enquiry

    Hi,

    Is it possible for a husband to get a will drawn up for him and his wife who is suffering from dementia in a nursing home and stipulate that a particular family member be the sole beneficiary when both him and his wife pass away,

    Many thanks,
    Paul
    Tags: None

  • #2
    Hi Paul
    A person suffering from dementia may still make a will if they have testamentary capacity and can understand the decisions they are making.
    Most solicitors will require a medical opinion before they write a will for a person with dementia. This medical report will help to defend any possible legal challenge to the will.

    Comment


    • #3
      As pezza54 says it may be possible for someone with dementia to write a will but a medical opinon is recommended to ensure she has sufficient 'mental capacity'. The Alzheimer's Society gives more detail here

      Can someone with dementia make a will? | Alzheimer's Society (alzheimers.org.uk)

      Did she make a Will before the onset of dementia? If so that is still valid unless and until she makes a valid new Will.

      Someone can leave their entire Estate to a sole beneficiary if they wish. A common way is for a married couple to have what are often called 'miror wills' where they both leave their own Estate to each other and the last survivor leaves it to one (or more) named beneficiaries. A solicitor can advise and draft the right words for their situation.

      More information on mirror Wills here

      https://www.thegazette.co.uk/all-notices/content/104068
      All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

      Comment

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