A will can still be valid even if the person who made it has dementia, but the key factor is whether they had *testamentary capacity* at the exact time they signed it. Dementia itself does not automatically invalidate a will. What matters most is whether the person understood what they were doing when they created or changed their will.
Testamentary capacity means that, at the moment of signing, the individual must have been able to:
– Understand that they were making a will and what that means.
– Know roughly what property or assets they owned.
– Recognize who might reasonably expect to inherit from them (such as family members).
– Comprehend how their decisions would affect those beneficiaries.
This standard is often called the “Banks v Goodfellow test” in some legal systems and serves as a benchmark for mental competence regarding wills. Even people with mild or early-stage dementia may meet this test during periods when their thinking is clear enough—sometimes called “lucid intervals.” If someone signs a will during such an interval, that document can be legally binding despite an overall diagnosis of dementia.
However, proving testamentary capacity can become complicated if there are questions about mental decline. Courts often look closely at medical records around the time of signing and may consider testimony from doctors, witnesses present during signing, and family members to determine if capacity was present.
Another important issue related to wills made by people with dementia is *undue influence*. This happens when someone pressures or coerces a vulnerable person into making decisions that do not reflect their true wishes—often benefiting one party unfairly over others. Because individuals with cognitive impairments are more susceptible to manipulation, courts scrutinize these cases carefully. Evidence such as isolation from other relatives, control over finances by one individual involved in drafting the will, or suspicious changes shortly before death can raise red flags about undue influence.
If undue influence or lack of testamentary capacity is proven in court, a judge may declare a will invalid—even if it was properly signed and witnessed according to legal formalities. When this occurs, estates typically pass according to earlier valid wills or intestacy laws (which distribute assets based on default rules).
To reduce risks associated with creating wills while facing cognitive decline:
– It’s best for individuals diagnosed with conditions like dementia to plan their estate early while fully competent.
– If planning must occur later after diagnosis but before severe impairment sets in, having medical professionals assess and document mental clarity near signing helps support validity.
– Using neutral witnesses who understand concerns about capacity can strengthen defenses against future challenges.
– Recording video evidence during execution showing understanding may also help prove intent and comprehension.
In summary: A diagnosis of dementia does not automatically mean someone cannot make a valid will; rather it depends on whether they had sufficient mental clarity at signing—and whether there was any coercion involved. Courts balance protecting vulnerable individuals against respecting their autonomy by examining all relevant facts surrounding each case carefully before deciding on validity.
