Can I Change My Will If I Have Health Problems?

By Your Health Magazine Contributor

Your Health Magazine Contributor

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Can I Change My Will If I Have Health Problems?

Yes, you can usually change your will if you have health problems, as long as you have the mental capacity to understand what you are doing when you make the changes.

Having a serious illness, disability or diagnosis does not automatically prevent you from making or changing a will. However, if your health affects your ability to understand your decisions, there can be legal concerns about whether the new will is valid.

Does being ill stop me changing my will?

Simply having a health condition does not mean you cannot make a new will.

For example, you may have cancer, have had a stroke, live with dementia or have a mental health condition. You may still be able to make your own decisions about your estate.

The important issue is your mental capacity at the time you make or sign the will. You need to understand that you are making a will, understand broadly what you own and understand who may have a reasonable claim on your estate.

Mental capacity can also change. Someone may have difficulty making decisions at one point but be able to make them at another time.

What if I have dementia?

A diagnosis of dementia does not automatically mean that you cannot change your will.

What matters is whether you have the required capacity when the will is made. If you understand the decision and its consequences at that time, you may still be able to make a valid will.

If there are concerns about your capacity, it is sensible to speak to a solicitor experienced in wills and probate. They can take steps to reduce the risk of the will being challenged later.

In some situations, a medical assessment may also be helpful. This can provide evidence about your capacity when the will was made.

Why should I act sooner rather than later?

If you have been diagnosed with an illness that could affect your ability to make decisions in the future, it is worth reviewing your will sooner rather than later.

Importantly, not having a will in place can create huge complications amongst family members when it comes to dispersing your assets. A will provides clarity on where your assets go and provides structure for family members.

This is particularly important if your family circumstances have changed. You may have married, separated, had children or grandchildren, bought property, or experienced a significant change in your finances – and all of these parties have a potential interest in your estate.

Additionally, any remaining debts after you die may be passed onto relatives in limited circumstances, such as when someone is jointly liable for the debt or has guaranteed it. In most cases, debts are paid from the deceased person’s estate rather than becoming the personal responsibility of relatives.

According to the National Wills Report 2025, 53% of UK adults said they had made a will. The figure was 69% among people aged over 55.

However, MoneyHelper research reported by the Money and Pensions Service found that 56% of UK adults did not have a will, including 53% of people aged 50–64.

These figures show why making and reviewing a will can be an important part of planning for the future.

How can I make the process safer?

If your health could raise questions about your mental capacity, consider using a solicitor rather than changing your will yourself.

Tell the solicitor about your health condition and any concerns you have. They can make appropriate notes about your understanding and instructions.

It is also important that you are making the decision freely. A will can potentially be challenged if someone was pressured or forced into making it.

Avoid making major changes simply because someone else is insisting that you do so. Your will should reflect your own wishes.

What if I no longer have capacity?

If you no longer have the mental capacity to make a will, someone else generally cannot simply change your existing will for you.

The rules around mental capacity are specific, and different arrangements may apply in certain circumstances. Professional legal advice is particularly important if there is uncertainty.

The Mental Capacity Act also recognises that people should be supported to make their own decisions wherever possible. A person should not be assumed to lack capacity simply because they have a particular illness or disability.

Get legal advice before making changes

If you have health problems and want to change your will, do not assume that your diagnosis prevents you from doing so. In many cases, you can still make changes provided you have the necessary mental capacity.

Because the validity of a will can depend on the circumstances in which it was made, getting advice from a qualified wills solicitor can help ensure your wishes are properly recorded and reduce the risk of problems for your family later.

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