Testamentary Capacity

Lack of Mental Capacity (Testamentary Capacity)

A common misconception is that a person is mentally incapable of drafting a Will if he or she has a diagnosed mental disorder or is simply too old. A person has the mental capacity to sign a Will if he or she has a general understanding of the assets in the Estate, understands who the beneficiaries are, and has a general knowledge of the effect of the Will. An investigation into medical records and the person’s conduct, as well as witness statements can help prove or defend a claim of incapacity.