Making a will

[Rich p]

My wife has early onset dementia and has been diagnosed for 3 years although I was aware of something wrong for a few years before that.
I am 62 and she is 59 but we never got round to making a will although we discussed it often enough. Hey ho.
Now I feel I should make one and intend to use a simple form from the Post Office.
My question is twofold.
1. Should I leave everything to her, (which is what I would have done in happier times). I have 2 grown up, supportive children who would become LPA attorneys for her in the event of my death. Or should I leave to the children, my share of the house and assets, given that my wife is incapable of managing financial affairs now.
It's from the point of view of a practical arrangement rather than avoiding inheritance tax.

2. I could make a similar will for my wife given that she is still capable of understanding at the moment but it would be me writing it. If I get 2 friends as witness she would happily sign it. Would that be unlawful or unethical?

Any advice welcomed.

 

[jugglingmum]

There are intestacy rules which might help you

https://www.gov.uk/inherits-someone-dies-without-will

That said even if your will mirrors these, it is easier to administer an estate above the probate level if a will exists.

 

[rhubarbtree]

Hi Rich. Your second question first. I wrote out a Will for my mother, it was simply all assets shared equally between us siblings. She signed it in front of two friends and when necessary it went to probate with no problems.

However, with dementia and looming care home fees, I would strongly advise you to see a solicitor. There are many options. My OH and I do not have mirror wills. Your wife only needs to have capacity to understand the format of her will on the day.

 

[Rich p]

Hi Rich. Your second question first. I wrote out a Will for my mother, it was simply all assets shared equally between us siblings. She signed it in front of two friends and when necessary it went to probate with no problems.

However, with dementia and looming care home fees, I would strongly advise you to see a solicitor. There are many options. My OH and I do not have mirror wills. Your wife only needs to have capacity to understand the format of her will on the day.

I suspect you're probably correct and that I should see a solicitor. Another symptom of my laissez-faire, hope for the best approach!
Cheers.