Guide
Can someone with dementia still make a will?
A diagnosis of dementia does not mean a person cannot make a will. What matters is whether they have capacity at the moment they sign it.
Last reviewed 2 November 2026. General information, not legal advice. All guides
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The test for capacity
The person must understand that they are making a will and what it does, broadly know what they own, understand who might expect to benefit, and not be affected by a condition or delusion that distorts their decisions. The law starts from the presumption that an adult has capacity unless shown otherwise.
Why timing matters
Capacity is judged at the time of signing. Some people with dementia have good and bad days, so the right moment can make the difference. The earlier the will is made, the safer it is.
Protecting the will from challenge
- Get a doctor to assess capacity close to the time of signing, and keep their note.
- Keep a record of the discussions about the will.
- Make sure the person is not under pressure from anyone.
- Use an experienced will writer who knows how to follow these steps.
Do not forget Lasting Powers of Attorney
A person also needs capacity to make a Lasting Power of Attorney. Once it has gone, the family may need to apply to the Court of Protection instead. See what happens without an LPA.
Quick answers
Common questions
Can a will made with dementia be challenged?
Yes, if someone argues the person lacked capacity. A doctor’s assessment at the time and good records make a challenge much harder.
What if the person has already lost capacity?
A will cannot be made for them in the usual way. In some cases the Court of Protection can authorise a statutory will on their behalf.
Should we make a will as soon as there is a diagnosis?
Yes. If there is any concern about capacity, do not wait. Make the will and the Lasting Powers of Attorney as soon as you can.
Keep reading
Related guides
Lasting Powers of Attorney
Choose who can make decisions for you if you cannot.
What happens if you lose capacity without a Lasting Power of Attorney?
Why the family has to apply to court and what that involves.
Can you cut someone out of your will?
Who can still claim against your estate, and how to reduce the risk.
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01332 215 151Opening hours
| Monday | 9:00am to 6:00pm |
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| Tuesday | 9:00am to 6:00pm |
| Wednesday | 9:00am to 6:00pm |
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| Friday | 9:00am to 6:00pm |
| Saturday | 9:00am to 12:00pm |
| Sunday | Closed |
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Friar Gate, Derby DE1 1BT