Lack of mental capacity

When making a will, a person must have the requisite capacity to do so. The testator (the person making the will) must:

1. understand that they are making a will;
2. understand the nature and extent of their assets;
3. understand and be able to consider the people who may make a claim against their estate; and
4. not be suffering from a disorder of the mind that affects their capacity.

Common examples of lack of capacity

Lack of capacity can arise from diseases that are known to affect memory, for example dementia, or other conditions such as stroke or head injury. Capacity can also be affected by other factors for example, strong medication, alcoholism and grief.

If you are concerned that a person will may not be valid, our team of specialists can advise you further on the factors affecting capacity to make a will and the next steps in advancing a claim.