Being sound of mind and able to make your own decisions when making a Will is crucial.
The person making a Will must have sufficient mental capacity, be of sound mind and understand the nature of their assets and beneficiaries. Ensuring mental capacity will help prevent potential challenges to the Will’s validity.
To make a valid Will and establish testamentary capacity, a testator must be able to demonstrate that they
Understand the nature and effect of making a Will;
- Know the extent of their estate;
- Understand the potential for any claims, which could be brought against the estate from people who might have expected to benefit from the testator’s Will; and
- The testator should not have a mental illness or a disorder of mind, that shall poison their affections and influence them into making bequests they would not otherwise have made, if their mind had been sound.
If mental capacity is ever in doubt, consult a medical professional.