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:
- The Will maker understands that he/she is disposing of assets after death
- The Will maker understands the extent of the property being disposed of
- The Will maker is able to recall and understand the claims of his/her heirs
- 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.