Testamentary capacity – the ability to make a will
A person who wishes to make a will must understand at least three things:
What a will is and its effect
Whether they know the nature and extent of their property
The names of close relatives and their claims to their property.
In a nutshell, these things make up testamentary capacity – the ability to make a will.
Just because a person is old does not mean they don’t have capacity to make a will. But, where there is doubt about a person’s understanding, a report from a medical practitioner should be obtained to ensure that any will stands up to scrutiny. Following this process can save a lot of stress, time and money, by helping to avoid a challenge to the validity of the will.
Disclaimer: The contents of this article are general in nature and are not intended to serve as a substitute for legal advice on a specific matter. In the absence of such advice no responsibility is accepted by Bryce Williams Law Limited for reliance on any of the information provided in this article.