Making a Will & Mental Capacity

A Will is one of the most important documents you can put in place. It ensures your money, property and possessions go to the people you choose.

Without a valid Will, the law decides who inherits your estate — and that may not reflect your wishes. This can sometimes lead to unnecessary stress, delays and disputes for loved ones at an already difficult time.

To make or change a Will, a person must have what is called “testamentary capacity”. This means they should understand:

✔️ What making or changing a Will means

✔️ The value of their money, property and possessions 💷🏡

✔️ Who may benefit from their estate and how decisions could affect loved ones 👨‍👩‍👧‍👦

✔️ That they are not being influenced by confusion or delusions

Importantly, someone may still be able to make a Will even if they struggle to manage other financial matters. Every situation is unique, and sometimes legal and medical professionals may need to help assess capacity.

Planning ahead early can help protect your wishes and provide peace of mind for you and your family

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