Wills Are Valid Even If the Person Has Dementia

Suffering from memory loss due to dementia wouldn't affect a Will, a judge ruled in May.

The judge, at London's High Court, said the law ''upholds the right of elderly people to leave their property as they choose, even if their mental faculties have declined considerably''.

Judge Nicholas Strauss QC added: ''This must include many cases in which they can no longer remember all the circumstances relevant to the division of their property between the people they wish to benefit.''

An example is mother-of-four Constance Simon. When Mrs Simon died in 2009 her assets, at the time of her death, included a house valued at £1.75 million and a flat in Westcliff-On-Sea, Essex, worth £262,500.

Her son Robert claimed his siblings coerced his mother into changing the existing Will on her Birthday, when he was not present.

It originally entitled him to the majority of the estate because, it was suggested, he had helped run the family business and looked after his mother.

Mrs Simons final Will was prepared and executed without Mrs Simon being medically examined, and without a solicitor being present.....

It was put forward by Robert that the other siblings had persuaded their mother to change the Will.

Robert did not want the new Will to be valid because it was made whilst his mother was suffering from mild to moderate dementia and therefore she lacked the mental capacity to make a valid Will.

The judge agreed with this statement however explained he needed to support the right of the authorities in that they "support the right of elderly people to make a Will disposing of their property as they see fit, even if their mental faculties are far from being at their peak''.

It was found that Mrs Simon had actually wished to execute a Will that favoured her other children and their families "equally" and therefore not leave the majority of the Estate to Robert.

The judge said that Mrs Simon ''was not capable of remembering her reasons for preferring Robert in her previous Will, or its terms'' but he ruled that even though Mrs Simon was suffering from dementia the latest will was still legally valid.

Call our specialist Will writing solicitors for information regarding your Will on 0161 928 5558 or email our team at fottavianelli@collings-solicitors.co.uk.

Collings Solicitors

Altrincham Will Writing Specialists

Tel: 0161 928 5558