Mental Capacity and Making a Will: How I Assess It and Why It Matters

One of the questions I'm asked more than almost any other is: "How do you know if someone has the mental capacity to make a Will?"

It's a question that usually comes from families who are worried. Perhaps Mum has become a little forgetful. Maybe Dad has recently been diagnosed with dementia. Or perhaps things just aren't quite the same as they used to be.

The good news is this: a diagnosis doesn't automatically mean someone can't make a Will. Mental capacity isn't about age, memory lapses or medical conditions. It's about whether someone understands the decisions they're making at the time they're making them.

As an estate planner, one of the most important parts of my role is ensuring every client understands their choices and that the documents we prepare genuinely reflect their wishes.

It's Not a Test

When people hear the phrase mental capacity assessment, they often imagine an exam or a long list of trick questions. The reality couldn't be more different.

When I meet with a client, I'm not trying to catch anyone out. I'm simply having a conversation.

Throughout that conversation, I'm building a natural picture of whether they understand what we're discussing. I'm looking for clarity, not perfection. I might explore:

• Why they've decided to make a Will
• Who they want to leave their estate to
• Why they've chosen certain executors or attorneys
• What could happen if they don't have these documents in place

There are no right or wrong answers. I'm not looking for textbook responses. I'm looking for understanding.

The Four Elements of Mental Capacity

To help illustrate how mental capacity is assessed, here is a simple overview of the four key elements that need to be present:

Every Person Is Different

Mental capacity isn't an all-or-nothing situation.

Someone might forget what they had for breakfast yet still know exactly how they want their estate to be distributed. Someone with an early dementia diagnosis may still have full capacity to make a Will.

That's why I never make assumptions. Every client is an individual. Every conversation is different.

My Job Isn't to Diagnose

This is often misunderstood. I'm not a doctor, and I don't diagnose dementia or any other condition.

What I do is assess whether my client understands the specific decisions they're making during our appointment. If I have concerns, I'll explain them openly and honestly. Sometimes the best option is to involve a medical professional who can provide an independent opinion before the Will is signed.

Far from being a problem, this can offer extra protection for both the client and their family.

Why I Take My Time

If you've ever met with me, you'll know I don't rush appointments.

Estate planning isn't about filling in forms. It's about understanding people.

I want to know what matters to you. I want to understand your family dynamics. I want to hear the reasons behind your decisions.

These conversations help me prepare the right documents and they help me ensure those decisions are genuinely yours.

One of the Biggest Mistakes Families Make

Sadly, many families wait until they're already worried about someone's memory before they start thinking about estate planning.

By then, everything becomes more stressful. Questions about mental capacity become more urgent. Options can become limited. The conversations become more emotional.

That's why I always encourage people to act sooner rather than later.

Making a Will or arranging Lasting Powers of Attorney isn't something you do because you expect the worst. You do it because life changes. Accidents happen. Illness happens. Growing older happens.

Planning ahead simply means you're making important decisions while you're able to do so with complete confidence.

Protecting More Than Just a Will

When I assess someone's mental capacity, I'm not just thinking about today's appointment. I'm thinking about what might happen years from now.

If a Will is ever challenged after someone has passed away, the notes I make today could become incredibly important. I carefully record our conversations, the questions I've asked and the reasons I'm satisfied that my client understood their decisions.

Those notes can help protect someone's wishes long after they're gone.

It's About Giving Families Peace of Mind

Estate planning has never been about paperwork for me. It's about people. It's about making sure someone's voice is heard. It's about protecting families from unnecessary stress and conflict.

One thing I say to almost every client is this: Estate planning isn't really about what happens when you die. It's about making life easier for the people you love.

Mental capacity is simply one part of that bigger picture. By having the right conversations at the right time, we can make sure your wishes are clearly understood, legally protected and far less likely to be challenged in the future.

If you've started wondering whether now is the right time to make a Will or arrange Lasting Powers of Attorney — for yourself or someone you love — I'd encourage you not to put it off. Having that conversation today is almost always easier than dealing with the consequences of waiting until tomorrow.