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Here you can find general information regarding some of our areas of practice......every one is different, so it is always best to get advice ensuring that all of your circumstances have been considered...
What if someone is a bit vague or believes things that aren't true, can they make a will?
- The legal terms for this Capacity to make a will.
- The classic definition was given in a 1870 case of Banks -v- Goodfellow where the test was said to be that the person making the will must:
- understand the nature of making a will and its effect
- where a house has to be cleaned up and this involves a reasonable amount of unpaid time (not when you engage a cleaner to do it)
- known the extent of the property they own or may own at the time of death
- comprehend and appreciate the claims (ie. moral claims) that they should take into account
- suffer no disorder of the mind that poisons their affections, perverting their sense of right or prevent the exercise of 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.
Liability limited by a scheme approved under Professional Standards Legislation
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