Making a will

[sue_1]

Hi everyone, I was wondering if any one can tell me if my mum can change her will now that she has dementia? Personally I don’t see the point but stepsister was here today and mentioned to mum that she should update her will, yes I do agree things have changed since mum made her last will for example she no longer has a house to leave to anyone, mum gave most of her money away pre dementia so no longer has much to leave to anyone. Mum only have a little in savings for her funeral when needed with a little left over all her pension is going on carers and the day Center that she loves going to , so is there any point of mum paying for a new will being made and more to the point will she be allowed to? I must admit I am a bit annoyed that stepsister raised this subject with mum as I just know it will be the subject of mums every hour every day for weeks.........oh joy, and step sister will not be seen for dust the next few weeks

 

[Beate]

A dementia diagnosis alone is no cause not to be able to change a will - as long as she still has mental capacity to do it she can. I think the solicitor would ask her questions on the day to figure out whether she understands what she is doing.

I agree though that if there isn't much to leave it might be pointless, unless she has specific things she wants certain people to have. But things mentioned in a will that are no longer in her possession, like a property, will simply be ignored when the time comes.

 

[Katrine]

I'm extremely cynical Sue. Your stepsister may just be trying to be helpful but I tend to the view of "Where there's a Will there's a relative"... Does she know that your mum hasn't got much money? If not, then letting her know that the cupboard is bare might be sufficient to stop her pestering your mum. If she does know, then I wonder if she is one of the many people who choose not to understand what a Will is for.

A Will only comes into effect when the testator dies. If a specific item in the Will no longer exists, then this bequest 'fails', as Beate has written above. However, some people choose to see a Will as a means of converting a family promise into a legally binding document. Then they follow this 'logic' through with "Well, it's been promised to me so I want it now." That's how people can justify stealing from their relatives, along the lines of "It's mine really, I'll just take some of it early because I need it now and they don't."

So, to put the worst interpretation on your step-sister's behaviour, if she's trying to get hold of her inheritance, however small that might be, any remaining funds could be at risk. You say the savings are set aside for funeral costs. If your mum hasn't bought a pre-paid funeral plan then her 'funeral fund' in savings is not protected from an unscrupulous person who might be angling to ask for a loan.

I hope I'm wrong, but I would be very much on my guard if I was in your position. Don't dismiss the attempt to change the Will as being just rather silly and a disruptive interference. Ask yourself, what's her game?

 

[Rolypoly]

I agree with @Beate. If nothing has changed regarding beneficiaries then there is little point.

My mum made her will years ago and, although her worth has changed in that there is no longer a property, the beneficiaries haven’t , so there is no need to change anything.

 

[canary]

Yes, my mum had been in a care home for nearly 3 years by the time that she died so there wasnt much money left and, in particular, there was no home to leave to anyone. She had left one or two items of jewellery etc to relatives and a small bequest to a friend of hers, but the rest was divided between my brother and me, so nothing really changed.

The only time it might change is if the home had been left to one particular person and with it gone, they would get nothing. If that is the case then I could understand why she would feel that even a small amount is better. Your mum would still have to convince the solicitor that she had capacity, though.

 

[love.dad.but..]

I agree with others there doesn't seem much point from what you describe...and if that is the case why give your mum this extra thing to think about if it hasn't naturally occured to her.