Making a Will Over 70

To make a valid will, you need what is known as testamentary capacity: you must understand that you are making a will and what that means, understand broadly the extent of what you own, understand who might reasonably expect to benefit, and not be affected by any delusion or condition that distorts your decisions. Age alone has no bearing on this; plenty of people in their 80s and 90s have full capacity, just as some younger people may not, for example following an illness or injury.

What matters is capacity at the time the will is made, which is why it is worth taking a bit more care over the process later in life, not because the law expects less of you, but because a will made without proper care is more vulnerable to being challenged after your death, particularly if family members disagree with its contents.

Where there is any reason for doubt about capacity, for example because of early-stage dementia, a recent illness, or simply significant age, solicitors often follow what is known as the golden rule: asking a doctor to assess and confirm the person's capacity at the time the will is made, and to record that assessment in writing. This is not a legal requirement, but it is good practice, and it can be extremely valuable evidence if the will is ever questioned later.

Even where there is no obvious concern, some people over 70 choose to have a capacity assessment simply as a precaution, particularly if they know family relationships are strained or if a will departs from what people might expect, such as leaving less to one child than another. It is a sensible, low-cost step that can prevent a great deal of difficulty later.

Many people over 70 are thinking about the cost of future care, and it is worth being clear that a will does not protect your assets from being used to pay for care while you are alive; it only takes effect after death. Attempts to give away assets purely to avoid means-tested care costs can be treated by a local authority as 'deliberate deprivation of assets', which can mean you are assessed as if you still owned them.

This does not mean nothing can be done, but any planning around care costs needs to be considered carefully, ideally with professional advice, and kept separate in your mind from the more straightforward job of making sure your will reflects who should inherit your estate once care and other costs during your lifetime have been met.

A will written many years ago may no longer reflect your circumstances, particularly if a named executor or beneficiary has since died, if your family has grown, or if your wishes have simply changed over time. Reviewing an older will, rather than assuming it still works, is one of the most useful things you can do at this stage.

It is also worth checking that your will is stored somewhere your executors will actually be able to find it, and that they know it exists. A will that cannot be located, or that conflicts with a more recent but forgotten version, causes exactly the kind of delay and confusion a will is meant to prevent.

Wills made later in life are, unfortunately, more often the subject of disputes, particularly where family members feel a will does not reflect what they expected, or suspect a change was made under pressure from someone close to the will-maker. Being open with family about your general intentions, where you are comfortable doing so, and explaining any decisions that might otherwise seem surprising, can go a long way toward preventing conflict.

Making sure your will is properly signed and witnessed, ideally with some record of capacity where appropriate, and keeping it up to date, gives your family the best chance of a smooth administration rather than a contested one. At £69, a properly made and clearly evidenced will is a modest cost for that kind of certainty.