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Testamentary Capacity

Testamentary Capacity

In order for a will to be valid, the person who made the will must have had testamentary capacity at the time it was made. Testamentary capacity is a technical term, and means that at the time of making the Will, the deceased person must have had sufficient soundness of mind to have:

  • understood the nature and effect of a will;
  • understood the nature and extent of their property;
  • comprehended and appreciated the claims to which they ought to give effect;
  • been free from any mental illness which might have caused the deceased to give instructions that the deceased would not have otherwise consented to.

If the Will is found to be invalid, it will not be administered. If you suspect that your loved one has made a Will after they had already lost testamentary capacity, contact our lawyers for advice.

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