Making a valid Will: Mental capacity in Witham | Will Advice

Making a valid Will: Mental capacity in Witham

Under UK law in order for a Will to be valid it must adhere to the following:

– It must be written and signed by the Testator (person making the Will).
– It must be witnessed and signed by two persons.
– The Testator must not be under any duress regarding the contents of their Will.
– The Testator must be over the age of 18.
– The Testator must have the mental capacity to understand the full implications of their Will.

It is generally assumed that a person has the mental capacity to make their own Will, however,
legally this may not be the case if the individual is unable to do one of the four following things:

– Understand information given to them about a particular decision, including why the
decision needs to be made.

– Retain the information for the time needed to be able to make the required decision.

–  Consider the information in order to make the required decision, including understanding
the implications of that decision.

– Communicate that decision.

Mental capacity can sometimes be difficult to ascertain, for example in cases of dementia, mental
capacity may differ according to the type of decision that is required to be made. Some individuals
may struggle to recall names of people and places, but may still have the legal mental capacity
required to make a valid UK Will. In some cases, mental capacity may vary from day to day. However
it is important to remember that if an individual simply needs more time to make a decision, this is
not an indicator that they lack the mental capacity to make that decision.

Due to the varying nature of dementia, it is always advisable to consult with your GP if you, or a
loved one would like to write or amend a Will following a dementia diagnosis. Similarly, if you or a
loved one are unsure for whatever reason, of whether you have the ability to make the important
decisions required when making your Will, it is advisable to seek medical advice. In some cases it can
be necessary for a GP to attest to the sufficient mental capacity of an individual at the time that they
are making their Will in order to ensure that this will not be challenged at a later date.

At Andrew Douglas Wills and Legal Services, we understand that making a Will can seem like an
overwhelming experience to some. Therefore we are proud to offer a personal service that reflects
the needs of each individual client. Whether you need more time to make a decision, or whether
you need a more comprehensive explanation of the implications of your Will, we at Andrew Douglas
Wills and Legal Services will provide you with the peace of mind that your Will accurately reflects
your wishes. Call today to arrange your free initial consultation, whether in Witham or the
surrounding areas of Essex.

Wrote by Laura Richardson.

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