Can one parent change their will?

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My parents made identical wills 20 years ago that state that they each leave everything to each other, if of them is deceased the estate to be split equally between myself and 2 siblings. So nice and succinct and relatively simple.

Roll forward to the present day and my mother has had a stroke and also suffers with moderate dementia. Dad now doesn't want his 'half' to go to mum, he wants to leave his half straight to his three children. His reasons are that mum will probably soon go into a care home and she will have no benefit from his 'half' whereas us children would etc.

My question is, can he legally do this? No one currently has Power of Attorney for mum, just in case this is relevant.

As others have stated you need to check whether the property is jointly owned or tenants in common. Any joint assets will automatically pass to the survivor irrespective of what is written in the will. Also, as one owner has been diagnosed it is too late to make the change to tenants in common. You need to get lasting power of attorney for your parents, that is very important. You may need to go through a solicitor now that your mother has been diagnosed as opposed to doing it yourself online.

You can changed your own Will. So your father can change his Will but not your mother’s Will.

Of course, but take legal advice as it’s complicated

Has mum definitely been assessed for this. I have known people that can't do anything for themselves double incontinent and unable to feed themselves and never move out of bed and still can't get CHC.

Yes

Bit he can't leave his half of any property they own as tenants in common to anybody other than his wife.