Question Details: My Mother-in-law's original will has her assets split equally between her children. She has been diagnosed with Alzheimer's and has moved in with one child. In recent conversations she says she wants to leave the child she is living withe the majority of her assets. Then a few minutes later she states she wants to leave it her grandson. I want to find out if it is legal for her to make changes to her will after being diagnosed with Alzheimer's
People legally change their Wills all the time and for varied reasons. If, however, it is believe d that someone did not the wear-with-all - or capacity - to make a change to their Will at the time the new Will was executed, those who could in fact benefit from the estate have the ability to challenge the new Will on the grounds that the testator lacked testamentary capacity to execute same.
Testamentary capacity is the "measure of mental ability which is recognized in law as sufficient for the making of a Will. A testator must have sufficient mind and memory to intelligently understand the nature of business in which he is engaged, to comprehend generally the nature and extend of property which constitutes his estate, and which he intends to dispose of, and to recollect the objects of his bounty."
The facts of the specific case will govern the determination. That includes the extent to which the Alzheimer's has progressed. If it is apparent to an attorney that the person may lack the capacity to make changes to their Will the attorney should exercise their discretion in drawing one up.

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