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How to Make a Will If You Have Dementia: UK Guide 2025

· 31 min

Note: The following scenario is fictional and used for illustration.

Margaret, 68, received her early-stage Alzheimer's diagnosis six months ago. She owned a £320,000 bungalow in Devon, had £45,000 in savings, and two adult daughters she wanted to provide for equally. Her GP told her that "now is the time to get your affairs in order," but Margaret worried she'd already lost the legal right to make a will.

She spent sleepless nights imagining her estate going to intestacy or, worse, being unable to protect her wishes. When she finally consulted a solicitor, she learned the truth: her dementia diagnosis didn't automatically strip away her legal capacity. She still understood what a will was, what she owned, and who should inherit.

Within two weeks, with a brief medical assessment confirming her capacity, Margaret completed her legally valid will. Her daughters now have peace of mind, and Margaret has the dignity of having made her own choices.

A dementia diagnosis feels like losing control, but making a will is one critical decision you may still have the power to make—if you act now. Currently, 982,000 people are living with dementia in the UK, with projections showing this number will reach 1.4 million by 2040.

This guide will explain exactly when and how you can make a will with dementia, what legal tests you must meet, how the golden rule protects your wishes, and what happens if you've already lost capacity.

Table of Contents

Can You Make a Will If You Have Dementia?

Yes, a dementia diagnosis does not automatically disqualify you from making a valid will. The law focuses on testamentary capacity, not your diagnosis.

Testamentary capacity is the legal ability to understand what you're doing when making a will, what you own, and who should inherit. According to Gov.uk data from December 2024, 483,000 people aged 65 and older have formal dementia diagnoses in England, representing a 4.2% prevalence rate. Many of these individuals retain testamentary capacity for years after diagnosis, especially those with early-stage dementia.

The law assesses your understanding at the time you sign your will, not your diagnosis or prognosis. You might have good days and difficult days—what matters is that you meet the legal test on the day you sign.

David, 72, had vascular dementia but could still name all his children, explain what his house was worth (approximately £280,000), and describe why he wanted his estate divided equally between them. His solicitor confirmed he had testamentary capacity despite his diagnosis. The will he created was legally binding and protected his wishes.

There are two pathways available depending on your capacity:

  1. If you have capacity: You can make your own will using an online service or solicitor (covered in this guide)
  2. If you lack capacity: A family member can apply for a statutory will through the Court of Protection (explained in Section 8)

The crucial question isn't "Do I have dementia?" but rather "Do I understand what I'm doing when I make this will?" Many people with dementia can confidently answer yes.

For comprehensive information about dementia and legal planning, visit the Alzheimer's Society guidance on wills and power of attorney.

Understanding Testamentary Capacity: The Banks v Goodfellow Test

Testamentary capacity is determined by a four-part legal test established in the 1870 case Banks v Goodfellow. Despite being over 150 years old, this test remains the UK legal standard and has been upheld over the Mental Capacity Act 2005.

The four requirements are:

1. Understand the nature of making a will

You must know what a will is and that it distributes your property after death. This doesn't require you to understand complex legal terminology—just the basic concept that you're creating a document that says who gets what when you die.

2. Comprehend the extent of your property

You must have a reasonable understanding of what you own. You don't need to remember every bank balance to the penny, but you should know the major assets: your house, savings accounts, investments, and significant possessions. A rough estimate is sufficient—"my house is worth about £300,000 and I have around £50,000 in savings" meets this requirement.

3. Appreciate the claims of potential beneficiaries

You must understand who might expect to inherit from you: your spouse, children, dependents, and anyone else who might have a moral or financial claim on your estate. This doesn't mean you have to leave them anything—just that you're aware of their existence and relationship to you.

4. Have no mental disorder affecting your judgment

You must be free from delusions or disorders that distort your decisions about property distribution. Having dementia doesn't automatically fail this test. What matters is whether the dementia affects your ability to make rational decisions about your will.

Emma, 70, had Alzheimer's but during her solicitor consultation, she clearly articulated: "I own my flat in Manchester worth about £200,000 and some savings—maybe £30,000. I want it split between my two sons because they've supported me throughout my illness." She met all four Banks v Goodfellow criteria.

Capacity is assessed at the moment you sign the will, not weeks before or after. This is crucial for people with dementia because capacity can fluctuate. You may have "good days" when you meet the test and "difficult days" when you don't. Proper timing and professional assessment ensure your will is made on a day when you clearly have capacity.

The Mental Capacity Act 2005 provides a framework for assessing capacity in medical contexts, but Banks v Goodfellow remains the specific legal standard for wills. Courts continue to apply this test in will disputes involving dementia patients.

Dementia affects each person differently. The legal test focuses on your specific understanding at the time you make your will, not your diagnosis.

The Golden Rule: Why Medical Evidence Matters

The golden rule, established in the 1975 case Kenward v Adams, is a best practice recommendation that elderly or seriously ill people should have their testamentary capacity assessed by a medical practitioner when making a will.

This rule is not a legal requirement—your will isn't invalid without medical assessment. However, following the golden rule provides crucial protection if your will is ever challenged after your death.

Why the Golden Rule Matters

Medical evidence created at the time you sign your will provides contemporaneous proof of your mental state. This evidence is far more compelling than trying to reconstruct your capacity months or years later from memory and medical records.

Recent cases demonstrate the importance of this evidence. In Leonard v Leonard (2024), the court found a testator lacked capacity despite signing a will. Contemporaneous medical evidence could have prevented the probate dispute that followed. In Goss-Custard v Templeman, courts emphasized the weight given to medical assessments conducted near the time of will signing.

What the Assessment Involves

A GP or specialist will assess whether you meet the Banks v Goodfellow criteria. The doctor will:

  • Ask about your understanding of what a will does
  • Discuss your property and assets
  • Ask about your family members and potential beneficiaries
  • Evaluate whether any cognitive impairment affects your judgment about the will
  • Document their medical opinion in writing

The assessment typically takes 30-60 minutes. The doctor produces a letter or report stating their opinion on your testamentary capacity, which is stored permanently with your will.

Costs and Availability

Medical capacity assessments typically cost £200-500 privately. Some NHS GPs may provide this service—contact your practice to inquire. The cost is a worthwhile investment to protect a will that might distribute hundreds of thousands of pounds.

When the Golden Rule Is Essential

The golden rule is particularly important when:

  • You have any form of dementia diagnosis
  • Your estate is complex or high-value
  • Potential for family disputes exists
  • You're making significant changes to a previous will
  • You're disinheriting someone who might challenge the will

James, 74, had his GP complete a capacity assessment before signing his will. When his estranged son challenged the will after James died two years later, the medical report from the signing day proved James understood exactly what he was doing. The challenge failed, saving the estate from a costly probate dispute and preserving James's wishes.

The Law Society provides detailed guidance on the golden rule, emphasizing its importance for protecting vulnerable clients and ensuring wills can withstand challenges.

When Should You Make Your Will? The Urgency Factor

If you've been diagnosed with any form of dementia, making your will should be a top priority within weeks, not months.

Capacity can decline unpredictably. Early-stage dementia may remain stable for years, or it may progress rapidly. You cannot predict your window of capacity, so acting immediately is essential.

Susan, 67, was diagnosed with dementia in January. She told herself she'd "get around to" making a will when she felt ready. By November, her memory had declined to the point where she couldn't name all her grandchildren or recall her savings balance. Her family had to apply for a statutory will—a process that took nine months and cost over £3,000 in legal and court fees.

Warning Signs That Capacity May Be Slipping

If you're experiencing any of these signs, seek professional capacity assessment immediately:

  • Difficulty recalling what you own or approximate values
  • Confusion about family relationships or who your children are
  • Inability to explain why you're making specific bequests
  • Repeatedly forgetting recent conversations about estate planning
  • Struggling to follow or participate in discussions about your will

These signs don't necessarily mean you lack capacity, but they indicate the need for professional assessment and urgent action.

The "Good Day" Strategy

Work with your solicitor or medical professional to schedule will-making on a day when you feel clear-headed and alert. Many dementia patients have periods of greater clarity—take advantage of these windows.

Schedule your medical capacity assessment and will signing for the same day if possible, or as close together as you can manage. This creates the strongest possible evidence of your capacity at the relevant moment.

Consequences of Delay

If you lose capacity before making a will, two outcomes are possible:

  1. If you have no existing will: Intestacy rules determine who inherits. Your estate may not go to the people you would have chosen. For example, if you're unmarried but in a long-term relationship, your partner receives nothing under intestacy.

  2. If you need a statutory will: Your family must apply to the Court of Protection (current cost: £421 application fee plus £259 hearing fee). This process typically takes 6-12 months and can cost £2,000-4,000 total when including medical assessments and legal fees.

With 982,000 people living with dementia in the UK, and dementia being the leading cause of death in the UK, the urgency of will-making for those with cognitive decline cannot be overstated.

Don't let dementia steal your voice. Make your will now, while your wishes are still yours to express.

Can You Use an Online Will Service with Dementia?

Whether an online will service is appropriate depends on your specific circumstances. For some people with early-stage dementia, online services like WUHLD offer a quick, affordable, and legally valid solution. For others, a solicitor is essential.

When Online Services Are Appropriate

Online will services are suitable when:

  • Early-stage dementia with clear capacity: You easily meet the Banks v Goodfellow test without any doubt
  • Straightforward estate: Property, savings, and clear beneficiaries without complex trusts or business interests
  • No family disputes anticipated: Your choices are uncontroversial and unlikely to be challenged
  • Cost-conscious: £99.99 vs £650+ for a solicitor makes a significant difference

Robert, 69, had mild cognitive impairment but could clearly explain his assets (house worth £270,000, savings of £28,000) and wishes (everything to his two daughters equally). He used WUHLD to create his will in 15 minutes, then asked his GP to provide a brief letter confirming capacity for £150. Total cost: £249.99 compared to an £850 solicitor quote.

When You Should Use a Solicitor

A solicitor is essential when:

  • Capacity is questionable or borderline: Any doubt about your ability to meet the legal test
  • Complex assets: Business interests, multiple properties, international assets, or trusts
  • Potential for will challenges: Estranged family members or beneficiaries who might dispute your decisions
  • Need arranged medical assessment: Solicitors experienced in elderly client work can coordinate the golden rule assessment

Solicitors specializing in elderly clients understand the nuances of testamentary capacity and dementia. They can spot potential issues and create an evidence trail that protects your will from challenges.

Comparison of Options

Factor Online Will Service (WUHLD) Solicitor Will
Cost £99.99 £650-1,200+
Time to Complete 15 minutes 2-4 weeks (appointments, drafts)
Medical Assessment You arrange separately Solicitor can arrange (golden rule)
Best For Early-stage, clear capacity Questionable capacity, complex estates
Will Validity Legally binding if signed correctly Legally binding with capacity evidence

The Hybrid Approach

Some people use an online service to draft their will, then have a solicitor review it and arrange a capacity assessment before signing. This approach can save money while still providing professional oversight and medical evidence.

Important Safeguard

If at any point during the online will-making process you feel confused or uncertain about what you're doing, stop immediately and consult a solicitor. Online services cannot assess your capacity—you must self-assess honestly.

WUHLD's advantage for early-stage dementia is speed and simplicity. The process takes just 15 minutes, minimizing cognitive fatigue. You can preview your entire will before paying anything, allowing you to verify your understanding.

For guidance on finding solicitors experienced in elderly client work, visit Solicitors for the Elderly, a specialist organization with members trained in later-life legal planning.

The Role of Doctors, Solicitors, and Family Members

Understanding who can help with the will-making process—and what each person's role is—prevents confusion and ensures proper legal compliance.

Doctors (GP or Specialist)

Role: Assess testamentary capacity under the golden rule

What they assess: Your ability to meet the Banks v Goodfellow four-part test

What they provide: Written capacity report or letter for your will file

Cost: £200-500 for private assessment; possibly free through NHS GP (check with your practice)

Limitation: Doctors assess medical capacity; they don't draft wills or give legal advice

Your doctor evaluates whether dementia affects your understanding of will-making. Their assessment is medical, not legal—they're documenting your cognitive function and ability to understand, not advising you on will contents.

Solicitors

Role: Draft will, arrange capacity assessment, ensure legal compliance, provide evidence trail

Specialization: Look for "Solicitors for the Elderly" accreditation or dementia-friendly practices

What they provide: Complete will drafting, golden rule medical coordination, witness supervision, capacity documentation

Cost: £650-1,200+ for straightforward will; more for complex estates

Advantage: Creates robust evidence trail if will is challenged; coordinates all aspects of capacity assessment and will execution

Experienced solicitors know how to document capacity properly and create wills that can withstand challenges. This expertise is particularly valuable when capacity is borderline or family disputes are likely.

Family Members

What they CAN do:

  • Encourage will-making and discuss the importance of planning
  • Help gather information (list of assets, beneficiary details, addresses)
  • Attend appointments for emotional support (if you want them there)
  • Provide information about family circumstances

What they CANNOT do:

  • Make a will on your behalf
  • Coerce or pressure your decisions about bequests
  • Witness your will if they're beneficiaries or married to beneficiaries
  • Use Power of Attorney to create or change your will

Linda, 71, had dementia. Her son (who had Lasting Power of Attorney for property) tried to "help" by telling the solicitor what Linda wanted in her will. The solicitor correctly insisted on speaking with Linda alone to ensure no undue influence. Linda's wishes turned out to be different from her son's suggestions.

Power of Attorney Limitation

This is crucial to understand: even with a Lasting Power of Attorney for Property and Financial Affairs, your attorney cannot make or change your will. LPAs cover decisions while you're alive. Wills cover what happens after death. These are completely separate legal documents.

Only you can make your own will (if you have capacity) or the Court of Protection can authorize a statutory will (if you lack capacity). No one else has this power, regardless of what legal authority they hold.

Warning: Undue Influence

Undue influence—when someone pressures or coerces your will decisions—can invalidate a will. Solicitors are trained to spot signs of coercion:

  • Family members answering for you or not letting you speak
  • Isolation from independent advice
  • Sudden changes to long-held wishes after family pressure
  • Confusion about why you're making certain bequests

You must make will decisions independently, free from pressure. This is why solicitors often ask to speak with you alone, without family members present.

Person Can They Help? What They Can Do What They Can't Do
GP/Specialist Yes Assess capacity, provide medical report Draft will, give legal advice
Solicitor Yes Draft will, arrange assessment, supervise signing Make medical diagnosis
Family Member Limited Provide information, emotional support Make will for you, witness if beneficiary
Attorney (LPA) No Manage finances while you're alive Create or change your will

What Happens If Someone Challenges Your Will?

Understanding how will challenges work—and how to protect against them—helps ensure your wishes are respected after your death.

Common Grounds for Challenging Wills with Dementia

Will challenges typically occur during probate, months or years after your death, and usually involve one of these claims:

1. Lack of testamentary capacity: Claiming you didn't meet the Banks v Goodfellow test when you signed

2. Undue influence: Claiming someone pressured or coerced your decisions

3. Fraud or forgery: Claiming the signature or will itself is not genuine

4. Lack of knowledge and approval: Claiming you didn't understand the will's contents

Burden of Proof

If your will appears valid on its face (properly signed and witnessed), the challenger must prove lack of capacity. This is a high bar requiring strong evidence.

However, if there's obvious cause for concern—such as advanced dementia documented in medical records—the burden may shift to those defending the will to prove capacity existed.

The Importance of Golden Rule Evidence

Contemporaneous medical assessment from the signing date is the strongest defense against capacity challenges. A doctor's letter stating you met the Banks v Goodfellow test at the exact time you signed your will is compelling evidence that's difficult to overcome.

In Leonard v Leonard (2024), the court found lack of capacity due to dementia despite a will being signed. Contemporaneous medical evidence could have changed the outcome or prevented the dispute entirely.

Thomas's case demonstrates this protection. After his death, his daughter challenged his will, claiming he lacked capacity when he signed it two years earlier. But Thomas's solicitor had arranged a capacity assessment on the same day he signed the will. The GP's report clearly documented Thomas's understanding of his assets (£340,000 house, £55,000 savings) and his decision to divide his estate equally among his three children. The challenge was dismissed, and the will stood exactly as Thomas intended.

How to Protect Your Will from Challenges

1. Obtain golden rule medical assessment at time of signing

The single most important protection. Schedule your GP or specialist to assess capacity on the same day you sign your will.

2. Use an experienced solicitor

Solicitors create detailed attendance notes documenting your capacity, your instructions, and your understanding. These notes become crucial evidence.

3. Consider video or audio recording

With your consent, record your capacity assessment and will signing. This provides visual evidence of your alertness and understanding. (Check legal requirements for recordings in your situation.)

4. Include a Statement of Wishes

A separate document explaining your reasoning for specific bequests can show your thought process and combat claims of confusion or influence.

5. Sign on a "good day"

Schedule will-making when you're feeling alert and clear-minded, not during periods of confusion or fatigue.

6. Act early, not late

The earlier in your dementia journey you make your will, the stronger your capacity evidence. Waiting until capacity is clearly declining invites challenges.

Timeline and Costs of Will Challenges

Will challenges occur during or after probate. The process can take 12-24 months and cost £10,000-50,000+ in legal fees, often paid from the estate. These disputes cause enormous family stress and can delay estate distribution for years.

Contentious probate cases involving dementia have increased significantly as UK dementia prevalence rises toward 1 million affected individuals. Taking protective steps now can spare your family from this ordeal.

Taking the right steps—medical assessment, professional help, clear documentation—can spare your family painful disputes after you're gone.

What If You've Already Lost Capacity? Statutory Wills Explained

If you no longer have testamentary capacity, your family can still ensure your estate is distributed according to your likely wishes through a statutory will.

What Is a Statutory Will?

A statutory will is a will created by the Court of Protection on behalf of someone who lacks mental capacity. It's authorized under Section 18 of the Mental Capacity Act 2005.

The court creates a will that reflects what you would have wanted if you had capacity, based on evidence of your past values, beliefs, and statements.

When a Statutory Will Is Needed

Statutory wills are appropriate when:

  • You lack testamentary capacity (cannot meet the Banks v Goodfellow test)
  • You have no existing will, OR your existing will no longer reflects your likely wishes
  • Your estate would benefit from a will rather than intestacy rules
  • Your circumstances have changed significantly since any previous will

Who Can Apply

The following people can apply to the Court of Protection for a statutory will:

  • Family members (spouse, children, siblings)
  • Attorneys under Lasting Power of Attorney (note: the LPA doesn't grant will-making power, but attorneys can apply to court on your behalf)
  • Court-appointed deputies
  • Anyone with a legitimate interest in your estate

The Application Process

Step 1: Complete Court of Protection forms

  • COP1: Application form
  • COP1C: Supporting information
  • COP3: Medical assessment of capacity by a doctor

Step 2: Gather evidence

You'll need to provide:

  • Current will (if any exists)
  • Medical records documenting lack of capacity
  • Family tree showing relationships
  • Details of assets and liabilities
  • Evidence of the person's past wishes, beliefs, and values (letters, conversations, previous wills, statements to family)

Step 3: Submit application with fees

Current fees (as of April 2025):

  • £421 application fee
  • £259 hearing fee (if court hearing required, which is typical for statutory wills)

Step 4: Court hearing

Most statutory will applications require a hearing. The judge reviews all evidence and decides what will to authorize. Family members and interested parties can attend and make representations.

Step 5: Court issues statutory will order

If approved, the court issues an order authorizing the statutory will. The will is then executed and sealed by the court, making it legally binding.

What the Court Considers

The court applies a "best interests" test, focusing on:

  • Your past and present wishes (statements, letters, previous wills, conversations with family)
  • Your beliefs and values throughout your life
  • What you would likely have wanted if you had capacity
  • Views of family members and carers who know you well
  • Your estate's circumstances and beneficiaries' needs

Importantly, the court doesn't decide what's "fair" to family members. It tries to determine what you would have wanted based on your known values and wishes.

Pauline, 76, had advanced Alzheimer's and couldn't make her own will. Her daughter applied for a statutory will, providing evidence that Pauline had always said she wanted her bungalow to go to her grandchildren, not her estranged son. The court heard testimony from Pauline's sister confirming these long-held wishes. The court authorized a statutory will leaving the property to the grandchildren, reflecting Pauline's values. Total cost: £2,800 including court fees, medical assessment, and legal representation.

Timeline and Costs

Timeline: 6-12 months typically from application to sealed will, depending on court scheduling and complexity

Costs:

  • £421 application fee
  • £259 hearing fee
  • £200-500 medical capacity assessment
  • £1,000-3,000+ legal fees for solicitor representation
  • Total: £2,000-4,500 typically

These costs are usually paid from the person's estate, not by the applicant personally.

Limitations

Statutory wills cannot be changed easily. If circumstances change after the court issues a statutory will, a new application to court is required to amend it. This is different from ordinary wills, which you can change freely while you have capacity.

For detailed guidance on the application process, visit Gov.uk's statutory will guidance.

Even when capacity is lost, the law allows your values and wishes to be honored through the statutory will process. It's not too late to ensure your estate is distributed thoughtfully.

Practical Steps to Make Your Will with Dementia Today

Here's your actionable roadmap to create a legally valid will, whether you're in the early stages of dementia or helping a loved one.

Step 1: Assess Your Current Capacity (Self-Assessment)

Ask yourself these questions honestly:

  • Can I clearly explain what I own and approximate values?
  • Can I name the people I want to inherit from me?
  • Do I understand that a will distributes my property after I die?
  • Can I explain why I'm making the choices I'm making?

If YES to all: You likely have capacity and should proceed immediately with making your will.

If NO or UNCERTAIN: Consult a solicitor for professional capacity assessment. Don't delay—act within the week.

Step 2: Gather Your Information

Create a complete list:

Assets:

  • Property addresses and estimated values
  • Bank accounts with institution names and approximate balances
  • Investments and ISAs
  • Pensions
  • Life insurance policies
  • Valuable possessions (jewelry, art, vehicles)

Beneficiaries:

  • Full names, relationships, and addresses
  • What you want each person to inherit
  • Alternate beneficiaries if someone dies before you

Executors:

  • Trustworthy person(s) to administer your estate
  • Often adult children or professional executors
  • Need their full names and addresses

Guardians (if you have children under 18):

  • Who would care for minor children

Having this information ready makes the will-making process faster and easier, reducing cognitive strain.

Step 3: Decide Your Approach

Choose between two options:

Option A: Online Will Service (WUHLD)

Best for:

  • Early-stage dementia with clear capacity
  • Straightforward estate
  • Cost-conscious (£99.99)

Process:

  • Complete online in 15 minutes
  • Preview your entire will free before paying
  • Arrange separate golden rule capacity assessment with your GP

Option B: Solicitor

Best for:

  • Capacity is questionable
  • Complex estate (business, multiple properties, trusts)
  • Family disputes likely

Process:

  • Find specialist: Solicitors for the Elderly
  • Expect £650-1,200+ cost
  • 2-4 weeks timeline
  • Solicitor arranges golden rule medical assessment

Michael, 69, chose the online route. After his diagnosis, he gathered his information in one afternoon: house value (£280,000), savings (£32,000), beneficiaries (two daughters, equal split). He used WUHLD to create his will in 15 minutes that evening, then booked a GP appointment the next week for capacity assessment (£200). Total time: 10 days from start to finished will. Total cost: £299.99.

Step 4: Arrange Medical Capacity Assessment (Golden Rule)

Contact your GP or specialist and request a testamentary capacity assessment.

Schedule strategically: Arrange the medical assessment as close to your will signing as possible—ideally the same day.

Provide context: Explain you have dementia and want your capacity documented before making your will. This helps the doctor understand what they're assessing.

Keep the report: The medical report should be stored with your signed will permanently. It's crucial evidence if your will is ever challenged.

Step 5: Sign Your Will Correctly

Legal requirements for valid will signing:

You must sign in the presence of two independent witnesses

Witnesses must:

  • Watch you sign (or acknowledge your signature)
  • Then sign themselves in your presence and each other's presence
  • Be 18 or older
  • NOT be beneficiaries or married to beneficiaries
  • Be mentally capable of understanding what they're witnessing

Timing: Sign on a "good day" when you feel alert and clear-minded, not during periods of confusion.

Same-day approach: If possible, complete your capacity assessment and will signing on the same day for the strongest evidence of capacity.

Step 6: Store Your Will Safely

Original will: Store in one of these secure locations:

Copies: Give copies to your executors and close family members so they know the will exists

Medical evidence: Store your golden rule medical report with the original will permanently

Tell your executors: Make sure they know where the original will is kept. Even a valid will is useless if no one can find it.

Timeline Guidance

  • Early-stage dementia, clear capacity: Complete within 2 weeks
  • Questionable capacity: Consult solicitor within 1 week for assessment
  • Late-stage/no capacity: Family should apply for statutory will immediately

What Success Looks Like

Margaret from our opening story succeeded because she acted immediately after diagnosis, obtained medical capacity assessment, and created her will while she clearly had capacity. Her daughters now have certainty, and Margaret has dignity.

You can achieve the same outcome. The steps are straightforward. The urgency is real. Your window of opportunity exists now—take action today.

Frequently Asked Questions

Q: Can I still make a will if I've been diagnosed with dementia?

A: Yes, a dementia diagnosis does not automatically prevent you from making a valid will. You can make or update your will if you have testamentary capacity—the ability to understand what a will is, what you own, who might expect to inherit, and the implications of your decisions. Many people with early-stage dementia retain this capacity.

Q: What is testamentary capacity and how is it assessed?

A: Testamentary capacity is the legal ability to make a valid will, defined by the Banks v Goodfellow test from 1870. You must understand the nature of making a will, comprehend the extent of your property, appreciate the claims of potential beneficiaries, and have no mental disorder affecting your judgment. A medical professional can assess this capacity.

Q: What is the golden rule for making a will with dementia?

A: The golden rule, established in Kenward v Adams (1975), recommends that elderly or seriously ill individuals should have their testamentary capacity assessed by a medical practitioner when making a will. While not legally required, this medical evidence can prevent future disputes about the will's validity and provide crucial documentation if the will is challenged.

Q: What happens if I've lost capacity and can't make a will?

A: If you lack mental capacity to make a will, a family member or attorney can apply to the Court of Protection for a statutory will on your behalf. The court will create a will that reflects your likely wishes based on your past values, beliefs, and statements. This process involves completing forms COP1, COP1C, and COP3 and demonstrating what's in your best interests.

Q: Should I use a solicitor or online service to make my will with dementia?

A: For early-stage dementia where you clearly retain capacity, an online service like WUHLD can be appropriate and more affordable (£99.99 vs £650+ for a solicitor). However, if your capacity is questionable, complex assets are involved, or family disputes are likely, a solicitor specializing in elderly clients should be consulted. They can arrange the medical assessment recommended by the golden rule.

Q: How much does it cost to get a statutory will through the Court of Protection?

A: Applying for a statutory will through the Court of Protection typically costs £421 for the application fee, plus £259 for a hearing if required. You'll also need medical assessment fees (£200-500) and potentially legal fees (£1,000-3,000+). The total can exceed £2,000-4,000. These costs are usually paid from the protected person's estate.

Q: Can my Power of Attorney make a will for me if I have dementia?

A: No, a Power of Attorney cannot make or change your will, even with a Lasting Power of Attorney for Property and Financial Affairs. Only you can make your own will (if you have capacity) or the Court of Protection can authorize a statutory will. An LPA is separate from will-making and only covers decisions while you're alive.

Key takeaways:

  • A dementia diagnosis doesn't automatically mean you can't make a will—testamentary capacity is what matters, assessed through the Banks v Goodfellow test
  • Act urgently after diagnosis: capacity can decline unpredictably, so make your will within weeks
  • Follow the golden rule: get medical capacity assessment at time of signing to protect against future challenges
  • Choose the right approach: online service (WUHLD) for early-stage with clear capacity; solicitor if capacity is questionable or estate is complex
  • If capacity is already lost, families can apply for statutory will through Court of Protection (6-12 months, £2,000-4,000 costs)

Margaret's story at the start of this article shows the relief and dignity that comes from making your will while you still can. Don't let fear or confusion delay you.

The window of capacity that exists today may not be open tomorrow. Taking action now preserves your voice and protects your family from uncertainty and disputes. You have the power to make this decision—use it while you can.

Create your will and protect your wishes today. With WUHLD, it takes just 15 minutes online.

For £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document

You can preview your entire will free before paying anything—no credit card required.

Preview Your Will Free – No Payment Required

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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