Making a Will and Planning Ahead

Planning ahead can feel daunting, especially when it follows illness, diagnosis or a gradual change that is hard to name. Many carers tell us they knew things were shifting long before anyone else was ready to talk about it.

Planning ahead is not about rushing decisions or taking control away. It is about reducing uncertainty, easing pressure on families, and making sure that the person at the centre of things is protected as situations change.

This page explains why having a will matters, how it connects to other legal tools, and why timing and clarity are often more important than the documents themselves.

Why making a will matters

A will is a legal document that sets out what you want to happen to your money, home and belongings after you die. It also allows you to choose who will deal with your affairs, known as executors.

Without a will, decisions are made under intestacy rules. These do not always reflect modern families or personal wishes. Unmarried partners, stepchildren, grandchildren and close friends may not be provided for in the way you expect.

Carers often describe discovering, far too late, that assumptions about “what would obviously happen” were wrong.

A will can:

• give clarity to family and carers

• reduce conflict during emotionally charged times

• help prevent decisions being questioned or challenged

• make your wishes explicit rather than assumed

  
  

Why updating a will is just as important

Many people write a will and never look at it again. In reality, life changes and so do circumstances.

Carers regularly talk about situations where:

• a will was written years earlier and no longer reflects the family situation

• children, grandchildren or partners were unintentionally excluded

• changes were attempted too late, once capacity was uncertain

• disagreements arose because intentions were never clearly recorded

Updating a will while someone still has capacity can prevent distress and dispute later. Even small changes, such as house moves or changes in family structure, can matter.

Once capacity is lost, changes may no longer be possible, even if everyone agrees they would have been sensible.

Dementia, capacity and changing a will

A person living with dementia can make or change a will if they have mental capacity at the time it is made. Capacity is decision specific and time specific. A diagnosis alone does not remove the right to make a will.

However, carers repeatedly stress the importance of being open with solicitors if dementia is present or suspected.

Good practice usually involves:

• the solicitor taking instructions directly from the person

• speaking to them alone

• checking understanding of what they own and who will benefit

• looking for signs of pressure or influence

• seeking medical confirmation of capacity if there is doubt

  
  

Where this care is taken, wills are far less likely to be challenged later. Where it is not, families can be left dealing with conflict, anger and legal uncertainty long after someone has died.

“Having power of attorney helped, but it didn’t stop family conflict. If things had been written down earlier, it might have saved a lot of pain later.”

“The will was changed after the diagnosis. Whether it was right or wrong, it caused huge distress because the grandchildren were suddenly excluded and no one really knew if that was what she wanted.”

Planning ahead is not just about inheritance

Carers often say the most difficult moments come before a will is ever used. Planning ahead is about having the authority to act when things begin to slip, not just about what happens afterwards.

This is where other tools become crucial.

Lasting Power of Attorney (LPA): why it matters early

A Lasting Power of Attorney allows someone you trust to help manage decisions if you are no longer able to do so yourself. There are two types: one for property and finances, and one for health and welfare.

Many carers say that having a financial Power of Attorney made the difference between coping and crisis.

Without it, simple things like speaking to banks, managing bills or organising care can become stressful and slow.

Once capacity is lost, a Power of Attorney cannot be created. At that point, families may need to apply to the Court of Protection instead, which is more complex and costly.

You can read more about setting up Power of Attorney here.

A practical note about proving Power of Attorney

Carers frequently mention that having Power of Attorney is only part of the picture. Being able to prove it quickly is what makes day to day life easier.

Things that often help include:

• keeping the original document safe

• having certified copies available

• taking the full document to banks or organisations so they can copy it themselves

• checking what different organisations will accept before posting anything

Some carers have found that government services can certify copies, while others have needed solicitor certified copies. It is worth asking in advance, as requirements vary.

Advance decisions, advance statements and letters of wishes

Alongside a will and Power of Attorney, some people choose to record their wishes in other ways.

An advance decision, sometimes called a living will, allows you to refuse specific medical treatments in certain situations. It is legally binding if completed correctly.

An advance statement records preferences, values and things that matter to you in daily life. It is not legally binding, but should be considered by professionals and carers.

A Letter of Wishes sits alongside a will and allows you to explain decisions or share guidance that does not belong in a legal document.

Carers often say these documents help enormously, especially when family members disagree or feel unsure about what someone would have wanted.

You can read more about Letters of Wishes here.

Leaving a gift in your will

Some people choose to leave a gift to a charity in their will. This is always a personal decision.

If you would like to know more about leaving a gift to The Good Company People, you can find information here.

When families do not agree

One theme that comes through strongly from carers is how hard planning ahead can be when family members are not on the same page.

Denial, fear of upsetting someone, or disagreements about independence are common. Carers often describe feeling torn between doing what feels necessary and trying to keep the peace.

Having plans, documents and conversations in place earlier can reduce this pressure. It shifts decisions away from individuals and onto agreed wishes and legal clarity.

Getting support

You do not have to work all of this out alone.

Many carers describe feeling overwhelmed, unsure about timing, or worried about doing the wrong thing. Talking things through with someone who understands dementia and caring can help you think clearly and take things one step at a time.

If you would like to talk things through, the Good Company team is always happy to listen and help you find reliable information or next steps.

Planning ahead is not about control. It is about care, clarity and kindness, for yourself and for the people around you.