I’m worried about mental capacity issues

When you make a will you need to know exactly what you are doing and why you are doing it. If you or your loved ones worry that this may not be the case you should consult a traditional face-to-face solicitor.

The test the Courts use (the “Banks v Goodfellow” test) will try to answer the following four questions about you when you made your will:

  • did you know you were making a will;
  • did you know what assets were in your estate;
  • did you know who might have expected to inherit; and
  • did you have any “…disorder of the mind or insane delusions”?

If you have any concerns around this – or if you feel that anyone in the future may question any of the above – you should speak to a solicitor face to face. A list of solicitors can be found on the Law Society website.

You can read more about protecting your will from a challenge around mental capacity here.

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