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TESTAMENTARY CAPACITY
Making decisions about what to leave to your loved ones is difficult at the best of times.
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For a will to be valid and enforceable, the 'testator' (the person making the will) needs to have the mental capacity to do so.
WHY DOES IT MATTER?
The testator must be a person who has the cognitive ability to:
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Understand the nature of making a will and its effects.
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Understand the extent of the property of which they are disposing.
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Be able to comprehend and appreciate the claims to which they ought to give effect.
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Have no disorder of the mind that perverts their sense of right or prevents the exercise of their natural faculties in disposing of their property by will.
At the time the will is executed, the testator needs to display a certain degree of cognitive function to display what is known as Testamentary Capacity.
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Without an individual displaying Testamentary Capacity at the time of a will being executed, it is very difficult to prove that the will is valid.
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how iswa can help
We can complete what is known as a Testamentary Capacity Assessment.
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This involves one of our team of experienced Mental Capacity Assessors visiting you or your loved one in person at a convenient time, or even completing a remote assessment via secure video link.
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These assessments take approximately 1 hour to complete, but will leave you safe in the knowledge that everything is being done to maintain you or your loved ones autonomy.
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Our assessors will write a report that assesses your cognitive ability to make a will.
This will safeguard you and your loved ones from potential future claims to your estate.
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The Testamentary Capacity Assessment costs £300.
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