Relative with rapidly declining memory thinking of changing will.

[Witchgreen6]

Just wondering what happens in this sort of situation .
I believe her wish to add a beneficiary is genuinely held and can understand why she wants to take action .
But will her failing memory mean that she is deemed not to have capacity and that the will writer wouldn't want to act on her wishes?
I think there would be opposition from closer relatives than me . They have Power of Attorney for both finances and health.
Also , the person in question is waiting for assessment by a memory clinic .
Any one any thoughts ?

If she wants to do it for good reasons then she should at least have the chance to try, but she'd be well advised to talk to the relatives with POA, write letters to explain her reasoning in detail, and have everything drawn up by a solicitor who she's met in person, ideally on her own.

Is the POA activated? If so then it's much more risky. If not, then the starting assumption would be that she's as capable as anyone else: I've held an unactivated POA for my DPILs for twenty years.

Thank you@ViscountessMelbourne , that sounds like good advice.
I don't know if the POA is activated or not .
Is there a way I could check. I'd prefer not to contact the holders and ask.

Kind of depends on what the relationship of the beneficiary is, how much a percentage it is compared to the existing arrangement and the reason why. Eg if niece has moved in given up job and is providing care it makes sense to add her, if it's adding the man she fancies down the road that isn't reciprocating then perhaps her thought process is skewed. She needs to speak to a solicitor ideally as they are in a better position to certify her competency than a self written will, less likely to be challenged

As others have said you need to do this through a Solicitor as a private client. Not suitable (IMHO) for the will writing services offered by charities and such like.

Can she meet the following tests:

1. Understand the nature and effect of making a will
2. Comprehend the extent of the property they are disposing of
3. Be aware of those who might have a claim to their property (the moral claims of potential beneficiaries)

More here:

https://www.jcpsolicitors.co.uk/site/blog/lifetime_planning/banks-v-goodfellow-testamentary-capacity#

Thanks all for replying .
@Bromptotoo I would say yes she understands those issues.
@mitogoshi her wish to add a beneficiary is sound IMO.
Her existing will was produced by a firm of will writers but they are long established , not a charity if that makes a difference .

the bar for deciding someone is competent to write a will is surprisingly low as we discovered when my dad was assessed....

Cost us about £800 for psychiatric evaluation (from registered psychiatrist) which may be worth it to you/others so will is not disputed...

Thank you @loveyouradvice .
It's such a complex area the one of dementia ,/memory loss etc .
In t his case the personality seems unaffected, and I wouldn't say there was confusion as such . But there definitely is memory loss .

As an aside, it’s somewhat concerning that you believe the relatives who have POA would oppose or attempt to block this change, when you believe the individual has capacity and that her wish to amend her will is genuinely held and rational: as attorneys it’s their responsibility to always act with the individual’s wishes and interests in mind - and if they’d try to go against her wishes on this issue, I’d question whether they can be trusted to make the right decisions for her when she doesn’t have capacity.

Oddly there was a case decided today in a dispute over whether the testator had capacity:

https://www.judiciary.uk/wp-content/uploads/2024/05/Davies-v-Watts-and-another-.pdf

Thank you for that @Bromptotoo , I'll have a proper read when I'm not on my phone .

@ComtesseDeSpair you're quite correct about my thoughts on those with POA.
I need to think about the implications and be watchful.

Your relative is within her rights to revoke or partially revoke the POA if she has capacity and no longer wants those particular individuals to have it.
However with the length of time it takes to set up POA and your relatives memory loss unless you think those with POA will not act in her best interests then it’s better to keep it rather than change the POA.