# Making will when husband has dementia



## Mike_C (3 Jan 2011)

I'm making this query on behalf of my aunt who is 80, her husband 81 has dementia with approximately 1 year. They have no children and currently have no will. All assessts and accounts are in joint names. My aunt wants to make a will but doesnt know what happens if she dies before her husband  - as everything is in joint names  everything automatically goes to her husband , but as he cannot make a will does her will count  when he dies. or does he die intestate and the estate gets divided among his family only? They spoke over the years about what they wanted to do but never got around to making the will.


Thanks


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## Vanilla (3 Jan 2011)

Mike_C said:


> but as he cannot make a will ... he die intestate and the estate gets divided among his family only?


 
If she dies first, above is what will happen.

She could try to sever joint tenancy in property assets and take her 'half' in her sole name and then make a will regarding this half, but she would need legal advice about this. Time for her to make an appt to see a solicitor.
'


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## browtal (3 Jan 2011)

It would be a good idea to talk with the doctor concerned.  They can make the decision as to whether the person is fit to make a will. One year with dementia seems a very short time. If it is a form alzheimsers they sometimes give a medication to delay the symptons and allow the will to be made.
God Luck


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## mf1 (4 Jan 2011)

browtal said:


> It would be a good idea to talk with the doctor concerned.  They can make the decision as to whether the person is fit to make a will. One year with dementia seems a very short time. If it is a form alzheimsers they sometimes give a medication to delay the symptons and allow the will to be made.
> God Luck



I think Vanilla has it pretty much nailed. 

Given that OP is talking about "dementia" - the chances are that it is relatively far advanced, albeit with a "one year" diagnosed time frame. 

If someone (i.e. a wife) came to me with a husband with diagnosed dementia  and asked me to make a will in certain terms, I would be more than a little wary. I would be insisting on seeing the client alone and I would definitely be asking for a Doctor's cert. I would have to say that my experience with Docs and Dementia has varied and I would not necessarily  accept any cert unless I was satisfied that a thorough examination had taken place. 

It can be very distressing for a solicitor to meet with clients who are (too late) trying to put their affairs in order. We should not take instructions from a client who is not able to properly give instructions - no matter what the rest of their family think we should do!

mf


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## browtal (4 Jan 2011)

I also have an issue similar to above.  The person is suffering and diagnosed only a short time. Does anybody have any suggestions of how to encourage a person to consider their affairs and take appropriate action, without seeming to have own interests at heart. 
It is difficult in this instance as the person continues to deny the diagnosis. Would it be appropriate to ask the doctor to advise this person.
When asked why he does not take his medication he responds 'if I could remember to take it I would not need it'. His sense of humour has not been affected.
Thanks Browtal


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## mf1 (4 Jan 2011)

browtal said:


> I also have an issue similar to above.  The person is suffering and diagnosed only a short time. Does anybody have any suggestions of how to encourage a person to consider their affairs and take appropriate action, without seeming to have own interests at heart.
> It is difficult in this instance as the person continues to deny the diagnosis. Would it be appropriate to ask the doctor to advise this person.
> When asked why he does not take his medication he responds 'if I could remember to take it I would not need it'. His sense of humour has not been affected.
> Thanks Browtal



I can sympathise - I also have two similar family positions. In both cases, the parties are clearly not capable of giving instructions so its a complete non starter. 

I recall a very nice Doctor telling me once that "when you've seen one case of dementia, that's all you've seen. One case." There are a lot of variables in cases of dementia.


I would suggest that you talk ( if this is possible)  to the person's solicitor. In cases where all the parties are known to the solicitor, they will be (very likely) willing to talk about it in a general way. By all means, talk to the doctor but they will very likely advise that it is beyond their remit. 

You may need to consider the Wards of Court route - it all depends on the particular circumstances. 

mf


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