There are several points which solicitors should consider when drawing up a will for an elderly client.

Sometimes, an elderly person will be 'introduced' to a solicitor by a younger relative, perhaps with a potential interest in the assets of the elderly person.

Sometimes they may even speak for them, if the elderly person is, say, deaf or not confident with solicitors.

This may give rise to questions such as: can I see the elderly person alone? Is it sensible to recommend separate representation?Some elderly people may be of doubtful testamentary capacity.

This raises the issue of what is the test for such capacity.

Do I need to get medical evidence? Bear in mind that the tests of capacity for different activities are different and if a medical opinion is requested, it should be made clear what activity is proposed and what the legal requirements are.Many elderly clients will be entitled to state benefits and there are some benefits particularly relevant to them; obviously the retirement pension and SERPS additions; attendance allowance; disability living allowance; invalid care allowance; invalidity benefit.

There is always the safety net of income support and access to the social fund.

Specialist advisers at citizens' advice bureaux, law centres and similar organisations can advise on the sometimes complex overlaps and pitfalls of welfare benefits.Elderly clients may wish to guard against possible mental incapacity by making an enduring power of attorney; or to consider insurance against such eventualities as medical treatment, long-term illness or the cost of long-term care.

Funeral planning is also a common matter for discussion.Clients may also wish to consider lifetime giving and will need advice on such matters as: exemptions for inheritance tax purposes; capital gains tax implications; the risks if such giving involves the intention to entitle oneself to state financial support; the effects on security of the home; and the loss of the right to make decisions about assets which have been given away.The leaflet 'Putting your affairs in order' provides further information on some of these issues and is available free of charge from Age Concern, Astral House, 1268 London Road, London SW16 4ER.