On 21st September it is world Alzheimer's Day, and this year’s theme is, the earlier you know, the more you can do: a dementia diagnosis matters. This has been chosen to highlight the importance of addressing the disease head on with learning and identifying the right support as early as possible.

A diagnosis of Alzheimer's can change the way a family thinks about the future. There may be conversations about care, finances and support, but one important area of planning can sometimes be overlooked: making or updating a Will.

A Will allows you to set out what you want to happen to your money, property and possessions after your death. For someone living with Alzheimer's, making a Will while they have the necessary mental capacity can be particularly important.

What does a Will do?

A Will is a legal document setting out who you want to benefit from your estate when you die.

It can explain who should inherit your:

• home and other property
• savings and investments
• personal possessions
• other assets.

You can also use your Will to appoint executors to deal with your estate and, where appropriate, set out arrangements for people who depend on you.

Without a Will, your estate will generally be distributed according to the rules of intestacy rather than according to your personal wishes.

Why is this particularly important after an Alzheimer's diagnosis?

Alzheimer's is a progressive condition, although its effects vary from person to person.

Importantly, having a diagnosis does not automatically mean that someone lacks the mental capacity to make a Will . Someone living with dementia may still be able to make or update their Will if they understand what they are doing and have the necessary testamentary capacity.

However, as dementia progresses, it may become more difficult to establish that someone had the necessary capacity to make a Will.

This is why early planning can matter.

If someone wants to make a new Will or update an existing one following an Alzheimer's diagnosis, getting advice sooner rather than later can help ensure their wishes are properly understood and recorded.

What happens if someone dies without a Will?

If someone dies without a valid Will, the law determines who inherits their estate.

This may not reflect what they would have chosen themselves.

For example, someone may want particular assets to pass to a particular child, partner, relative or friend. They may also want to leave something to a charity or make specific arrangements for their possessions.

A Will gives someone the opportunity to make those wishes clear.

What if someone already has a Will?

A diagnosis of Alzheimer's does not necessarily mean that an existing Will needs to be changed.

However, it can be a useful opportunity to review whether the Will still reflects the person's circumstances and wishes.

Things may have changed since the Will was written. There may be new family members, changes in relationships, changes to property or finances, or different wishes about who should inherit.

A solicitor can help establish whether an existing Will remains appropriate or whether it should be updated.

Can someone with Alzheimer's make a Will?

Yes, potentially.

Mental capacity for making a Will is specific to the decision. A person needs to understand what they are doing, broadly understand the assets they have and appreciate the people who might reasonably expect to benefit from their estate.

Where someone has been diagnosed with dementia, a solicitor may take additional steps to establish and record their capacity. In some circumstances, this may include obtaining an independent medical opinion.

There is no automatic rule that someone with dementia cannot make a Will.

The important question is whether they have the necessary capacity at the time the Will is made.

What if someone has already lost capacity?

If a person can no longer make or update their own Will, a family member or attorney cannot simply make one on their behalf.

In certain circumstances, an application can be made to the Court of Protection for a statutory Will . This is a formal process used where someone cannot make a Will themselves. The Court of Protection will consider the proposed arrangements and the person's circumstances.

This is another reason why early planning can be so valuable.

A Will and an LPA do different jobs

It is important not to confuse a Will with a Lasting Power of Attorney.

An LPA operates during someone's lifetime . It allows chosen attorneys to make certain decisions on their behalf if required.

A Will takes effect after someone dies . It sets out how they want their estate to be dealt with.

For someone living with Alzheimer's, both may form part of a wider plan for the future.

Planning ahead can give families greater certainty

An Alzheimer's diagnosis can be difficult to process, but it can also be an opportunity to have important conversations while the person diagnosed is able to express their wishes.

Making or reviewing a Will, considering an LPA and understanding the options for managing finances can all form part of that planning.

The earlier these conversations take place, the more opportunity there is for the person living with Alzheimer's to be involved in decisions about their future.

How can Switalskis help?

Our Wills and Probate team can help you make or update a Will and explain how it fits alongside other arrangements such as a Lasting Power of Attorney.

If you or someone you love has recently received an Alzheimer's diagnosis, getting legal advice early can help you understand the options available and make sure important decisions are not left until they become more difficult.

Speak to Switalskis about making or reviewing your Will.