How Wills Can be Affected with a Rise in Dementia
August 8, 2017
August 8, 2017
Currently, 850,000 people in the UK are living with dementia and with life expectancy constantly increasing, it’s important now more than ever to consider wills and estate planning. The Bespoke Support Network have taken a moment to inform our readers of the reasons as to why creating a plan should be at the top of your to do list.
Protecting a Loved One
Of course, addressing the mental capacity of a loved one can be a stressful and emotional time for everyone involved. However, it’s a subject that needs to be addressed, if not, then it can lead to disputes in the courts as well as family members.
Unfortunately, all stages of dementia are progressive. The chemistry and structure of the brain over time becomes increasingly damaged and it begins to limit ones’ memory, communication and ability to reason.
If a loved one has passed and you or your relatives have a dispute over the decisions made in a will, it can be difficult to prove that the deceased member was not in the right mental capacity.
What to do
There are precautions you can take when drafting a will in order to prove ones’ mental capacity.
Capacity is considered an essential when creating a will. It is best to have written confirmation, which can be used as evidence, to prove that you are mentally intact to avoid disputes in the future.
To be extra cautious, you may want to obtain an external opinion. This opinion is best to be that of a medical professional or one of legal authority. This may be beneficial to you as having a second opinion will confirm your wishes and anyone that chooses to dispute must go through the chosen external approval.
The way you handle this situation is also essential, we understand that this is a sensitive issue, especially for those directly involved. One way you can handle this situation is by explaining the potential consequences that may incur if you fail to provide proof of capacity, these consequences can be costly to you and your family.