Testamentary Capacity Assessments are used to ascertain if a person has the capacity to make a Will. When completing a Testamentary Capacity Assessment we use the judgment in the case of Banks v Goodfellow .
In order to complete this assessment successfully we will need Background information (often provided by the solicitors) such as current or previous Will, dependents, Size of estate and property and family tree etc
“It is essential that a testator shall understand the nature of the act (of making a will) and its effects; shall understand the extent of the property of which he/she is disposing; shall be able to comprehend and appreciate the claims to which he ought to give effect; and, with a view to the latter object, [and] that no disorder of the mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties; that no insane delusion shall influence his will in disposing of his property and bring about a disposal of it which, if the mind had been sound, would not have been made” (Jacoby & Steer, BMJ, 2007)
What the testator must be capable of understanding:
- The nature and effect of making a will
- The extent of his or her estate
- The claims of those who might expect to benefit from the testator’s will (both those being included in, and being excluded from, the will)
Just Health provides an easy to use hassle free service with everything explained in simple, layman’s terms to the client. Our Testamentary Assessment includes one visit to the client’s home, an assessment, travel, reading time, competition of the documentation.