The reason why people make a will is to ensure that their finances and possessions go to their loved ones, or those they nominate as recipients. But what if those who have made a will suffer from a condition affecting their state of mind? How does it affect their state of affairs?

A Bradford law firm has reported a significant rise in the number of wills being contested by relatives of dementia sufferers.

Figures from LCF Law show a 20-fold increase over the last decade in cases where family members have contested a will, with most claims made because a relative lacked the mental capacity to write their will.

Ragan Montgomery, partner and disputes specialist at LCF Law says: “Dementia is a cruel disease that affects around 800,000 people in the UK and as those figures continue to rise, we have inevitably seen an increase in the number of wills being contested by relatives who feel that their loved one was unable to act in sound mind.

“In many of these cases, there is a lot of family friction and our job is to ensure a favourable outcome is achieved for everyone involved.”

According to figures from the Alzheimer’s Society, there are 670,000 carers of people with dementia in the UK, with the majority of dementia sufferers being cared for at home, often by relatives.

It is estimated that 50,000 people have had to leave their jobs to care for relatives with dementia in the UK, with many carers being forced to retire early in order to provide support to relatives.

Ragan adds: “As public services continue to be stretched, people with dementia have to rely on family and friends to assist with their care, but this can cause a host of problems, especially when it comes to inheritances.

“We have advised on lots of cases where it is alleged that either the person who made the will did not have the mental capacity to write it or that they were influenced into doing so by someone who assisted in their care.

“When a person makes a will they must be in a sound frame of mind. This means that they must understand what they are doing and the extent of their estate that they are giving away in the will.

“When someone has dementia, their mental state can obviously be questioned, and the number of wills being challenged in this way in the courts has risen hugely during the last decade.”

According to the Dementia Action Alliance, by 2025 there will be more than one million dementia sufferers with the majority aged over 65.

Adds Ragan: “As our population continues to age and the number of dementia sufferers increases, we will inevitably see a continued growth in the number of wills being contested, which is not only a very stressful situation, but can also be very costly.

“That’s why we generally encourage anyone wanting to challenge a will to look towards dispute mediation first, rather than enter into an adversarial legal battle straight away. Often, when we gather all parties involved together, a solution can be found that enables everybody to move forward.”

George McNamara, head of policy and public affairs at the Alzheimer’s Society, says: “The Alzheimer’s Society is aware that there appears to be an increase in the number of wills being contested by relatives of people living with dementia and it is an issue that is increasingly being raised with us and other voluntary organisations supporting older people.

“There are various reasons why this is happening, namely family disputes and the changes that we have seen in family dynamics, in part brought about by an increasing rise in second marriages which can lead to sibling arguments.

“Occasionally we do see examples of other people outside the immediate family coercing people with dementia into changing their will.

“The legal profession needs to be vigilant in preventing the abuse of people with dementia in this way. Alzheimer’s Society supports people with dementia planning ahead because it enables them to have a say in their future care and treatment.

“Currently only 48 per cent of people with dementia have a diagnosis – we know that getting a dementia diagnosis and support is key to giving people earlier opportunities to plan for their future and enable them to make decisions, and this needs to improve drastically.

“The Mental Capacity Act 2005 must underpin the decision-making and advanced planning process. If implemented fully, it can support and protect people with dementia who are no longer able to make and communicate decisions.

“Alzheimer’s Society campaigns for awareness raising on this issue for the public and full training for all health and social care professionals in the Mental Capacity Act 2005.”