What is a testamentary capacity assessment?

Testamentary capacity refers to the legal and mental ability of a person to make a valid will. This concept ensures that the testator (the person making the will) is of sound mind and understands the implications of their decisions. Two seminal cases often cited in discussions of testamentary capacity are Banks v. Goodfellow and Banks v. Goodfellow (1870).

Banks v. Goodfellow (1870)

The case of Banks v. Goodfellow, decided in 1870, is a foundational case in the common law regarding testamentary capacity. It established key criteria that courts still use today to assess whether a testator had the necessary mental capacity to make a valid will. The essential principles from this case include:

  1. Understanding the nature of the act: The testator must understand that they are making a will and the effect of that document.
  2. Understanding the extent of the property: The testator must have a general understanding of the nature and extent of their property.
  3. Understanding the claims to be satisfied: The testator must be aware of the people who would have a legitimate claim to their estate, such as relatives or dependents, and be capable of evaluating those claims.
  4. No delusions influencing decisions: The testator must not be suffering from any delusions or mental illness that would influence the way they distribute their property.

How is testamentary capacity assessed?

Assessments are typically carried out by legal professionals, sometimes with input from medical practitioners. These assessments ensure the person’s decisions are voluntary and informed, reducing the risk of the will being contested in the future.

When is a testamentary capacity assessment needed?

An assessment is advisable if there are doubts about the person’s mental state due to illness or undue influence. Conducting a testamentary capacity assessment can safeguard the integrity of the will and ensure the person’s wishes are respected.

Disputes over testamentary capacity typically arise when:

  • Unusual bequests: The will contains unexpected or seemingly irrational bequests, especially if they diverge significantly from previous versions of the will.
  • Influence of beneficiaries: Claims of undue influence or coercion by beneficiaries, especially those who stood to gain from the will, can challenge the testator’s capacity.
  • Timing of the will: If the will was made during a period when the testator was known to be suffering from a mental disorder, its validity might be questioned.

Who conducts a testamentary capacity assessment?

While a solicitor usually oversees the process, they may consult with:

  • Social workers
  • General practitioners
  • Psychiatrists
  • Clinical psychologists

These professionals provide a thorough evaluation to support the testamentary capacity.

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