Advice regarding will creation where one partner suffers with dementia

Malthusian

Brie said:

Personally I would think a crucial thing is what the will contains. 

It is completely irrelevant to the question of whether the mother has capacity.

If she said she wanted to leave her entire estate to the Church of Scientology that would not be evidence of a lack of capacity. If she said she wanted to leave her entire estate to the Church of Scientology in one sentence, and then in the next sentence said everything should go to her husband and then her children, without noticing that her decision had changed, that would be evidence of a lack of capacity.

Someone without capacity cannot make a valid Will even if someone shoves a sensible one under their nose. Someone would have to apply to the Court of Protection and ask them to make a "statutory Will".