Assessing Mental Capacity to make a Valid Will (Testamentary Capacity)

In some cases consideration can be given to setting aside a Will where the mental capacity of a Will maker is in issue.

It is important to examine a Will maker’s capacity both at the time of giving instructions to prepare a Will and also, at the time of its signing.

Four matters need to be satisfied for testamentary capacity:

  1. The Will maker understands that he/she is disposing of assets after death
  2. The Will maker understands the extent of the property being disposed of
  3. The Will maker is able to recall and understand the claims of his/her heirs
  4. There is no disorder of mind which would influence the Will maker’s decisions.

Pearce Webster Dugdales are well qualified to give advice on matters involving testamentary capacity.