CAPACITY TO MAKE A VALID WILL
With an aging population and higher rates of conditions such as dementia and Alzheimers it is essential to address the issue of capacity at the time that the will is written. When drafting a will, particularly for elderly clients this needs to be assessed to ensure that the will is not challenged later on. There are increasing numbers of cases going through the courts where the testator’s capacity to make a valid will is being challenged on the basis that they had insufficient mental capacity. Where such a case is brought the value of the estate can be seriously reduced by legal costs.
By instructing a professionally qualified person to draft your will any potential issues can be identified at any early stage and the appropriate advice and action taken.