Expert Q&A: Making a will - Wed 30 August 2-3pm

[HarrietD]

As someone affected by dementia, legal issues like making a will can seem like a minefield. It can be difficult to know where to start. However, there are people who can provide support and guidance if you need it.

With this in mind, our next Q&A will be on the topic of making a will. Anna and Hayley from our Will to Remember team, along with solicitor Nina from our Legacy Case team, have kindly offered to answer your questions on Wednesday 30 August from 2-3pm.

If you have any questions you'd like to ask before then, you can post them here. Or if you prefer, you can email your question to us at talkingpoint@alzheimers.org.uk and we'd be happy to ask them on your behalf.

Thanks

 

[HarrietD]

Hi everyone,

Just a reminder that the Q&A session will be taking place at 2pm today, where we'll answer as many of your questions about making a will as possible.

Feel free to post your questions here before then, or you can ask them during the session if you prefer

 

[chicas]

Capacity ?

I would be very glad of confirmation that a diagnosis of vascular dementia or A.D. does not automatically mean that the sufferer no longer has capacity when making or changing a will.
Am I wrong to believe that someone recently diagnosed (after progression of MCI) would be able to make such decisions without it being considered legally they are being influenced in any way?

Thank you.

 

[HarrietD]

Thanks chicas for your question. We'll have an answer for you shortly.

Everyone else, welcome to today's Q&A session on making a will. We'd like to offer a warm welcome to Anna, Hayley and Nina who have kindly offered to answer your questions today until 3pm

 

[anna.ward80]

Hello everybody,

It's Anna and Hayley here - we are Alzheimer's Society's Will to Remember team. Will to Remember is our discounted will writing scheme. We are here today to answer any questions you may have around the process of writing or updating your Will.

Look forward to chatting

 

[HarrietD]

Thanks both

chicas, Anna is just writing a response. In the meantime, if anyone has any questions about writing or updating a will, please feel free to post them here. Otherwise, we'll be answering some questions that we've had via email.

 

[anna.ward80]

I would be very glad of confirmation that a diagnosis of vascular dementia or A.D. does not automatically mean that the sufferer no longer has capacity when making or changing a will.
Am I wrong to believe that someone recently diagnosed (after progression of MCI) would be able to make such decisions without it being considered legally they are being influenced in any way?

Thank you.

Hi Chicas,

The mere fact of diagnosis of dementia does not mean automatically that a person has lost their testamentary capacity (the capacity to make a will). An experienced solicitor will be able to make an assessment of a person’s capacity when they meet with them and can obtain a medical opinion if necessary. The outcome of this assessment would determine whether or not they would have capacity to make these decisions themselves.

Alternatively, it is also possible to apply to Court for a will to be made on behalf of a person who lacks testamentary capacity - this is called a ‘statutory will’ and a solicitor would be able to help with this also.

If you need help locating a solicitor, Will to Remember offers a list of local solicitors who you can trust to be considerate and understanding whilst receiving £150 off the cost of your meeting. To find out more, you can call us on 0370 011 0290 or visit www.alzheimers.org.uk/willtoremember

I hope this helps you.

 

[HarrietD]

Thanks Anna, that's really helpful. I hope that helps answer your question, chicas.

Meanwhile here's a question we've had come through on email:

What if you want to make a will but you have nothing to leave?

 

[anna.ward80]

Thanks Anna, that's really helpful. I hope that helps answer your question, chicas.

Meanwhile here's a question we've had come through on email:

Thanks Harriet,

Everyone who has property of any kind should have a will. Even if your estate is small having a will is still a good idea so that you can ensure that your chosen beneficiaries receive what they should. There are six main life stages at which we should all think about making or updating our Will. These include: serious illness; family changes; relationship changes; inheritance; buying a property and having children. To find out more, read our 'Six Big Reasons' leaflet on our website: www.alzheimers.org.uk/willtoremember

If you need any support with making or updating your Will, we can help you using our Will to Remember scheme. You can request more information at the web address provided above.

 

[HarrietD]

That's great, thanks Anna.

Another question that came through via email:

I feel like I'm too young to write a will. Do I need to make a will now, or wait until I'm older?

 

[anna.ward80]

That's great, thanks Anna.

Another question that came through via email:

Hi Harriet - this is a question we often get asked...

While it is never too early to make a will, far too many people leave it too late. There is a misconception that only older people need to make wills. The unfortunate truth is that nobody can be sure when they are going to die and it is therefore important to have your affairs in order. This is especially true if you have young children or other dependents as a will can appoint guardians as well as executors and trustees to manage money on their behalf.

 

[HarrietD]

Thanks Anna - that's a really good point in that it's never too early but it might become too late. Here's another question we've had come through:

I don't think wills are worth the money you have to pay for them, especially with so many being overturned these days. Why bother to top up some rich lawyer's pockets?

 

[anna.ward80]

Thanks Anna - that's a really good point in that it's never too early but it might become too late. Here's another question we've had come through:

The overriding legal principle behind wills is the concept of ‘testamentary freedom’, that is that a person may make whatever will he or she wants. Whilst there are some limitations on this freedom, and it is possible for a will to be challenged in the Courts in certain circumstances, this is not as common as people think. It therefore remains the case that having a properly drafted will in place is the most sensible course of action.

To help with the cost of making or updating your will, Will to Remember can help. You can request your pack today, including your voucher worth £150 off the cost and a list of participating solicitors. The discount is covered by the solicitor meaning there is no cost to Alzheimer's Society. You can find the Will to Remember website here: www.alzheimers.org.uk/willtoremember

 

[HarrietD]

Thanks for explaining that, Anna.

Here's the last question from our emails that we'll have time for today:

How long will it take me to get a Will done?

 

[anna.ward80]

Thanks for explaining that, Anna.

Here's the last question from our emails that we'll have time for today:

Great question!

The process of completing your will depends on the complexity of your estate but your solicitor should be able to give you a good idea of this after your initial meeting. It is often a lot more straightforward than people think and can potentially be completed in one meeting.
You will almost certainly already have an idea of what you want to say in your will and it is a good idea to give this some serious thought before you see your solicitor. Doing so makes it easier for your solicitor to draw up the will, and reduces the time and costs involved.

Issues to consider include:

• How much money and other assets you have: for example, property, savings, occupational and personal pensions, insurance policies, bank and building society accounts, shares and valuable items such as antiques or jewellery. This will also include your business assets.

• Who you want to benefit from your will. You should make a list of all the people to whom you wish to leave money or possessions. These people are known as beneficiaries. You may also wish to consider whether you wish to leave any money to charity.

• Who will administer your estate and carry out your wishes as set out in the will. These people are known as the executors.

You can sign up for your free Will Guide which provides information and guidance about what you need to consider when making your Will, an Executor’s Guide, a glossary to help understand legal and technical terms including inheritance tax, Power of Attorney and the types of gifts you can give. You can request your guide at www.alzheimers.org.uk/willtoremember

 

[HarrietD]

Thanks Anna, that's great.

Ok, it's time to bring today's session to a close. Thanks to everyone who sent questions in, and a special thanks to Anna and Hayley for kindly offering their knowledge and expertise today! We really do appreciate it, and I hope it's been a useful session for everyone who has questions on making or updating a will

 

[anna.ward80]

Thanks so much for having us - we've really enjoyed answering your questions. If you have any questions about Will to Remember please email us at wills@alzheimers.org.uk or give us a call on 0370 011 0290