When making a Will it is crucial that the Will maker has testamentary capacity to ensure that their Will is valid.
The case of Bank v Goodfellow (1870) outlines the test to determine testamentary capacity, which is as follows:
- the Will maker understands they are making a Will and what it does;
- the Will maker comprehends the extent of the property they will dispose of in their Will;
- the Will maker understands whom they should make some provision for in their Will; and
- the Will maker does not suffer from any disorder of the mind which would affect the dispositions made in their Will.
If there is any uncertainty surrounding the capacity of a Will maker, they should be assessed by their doctor. The Will maker’s doctor should prepare a report which indicates whether in the doctor’s opinion the Will maker has the required capacity to understand the meaning and effect of their Will.
As mental incapacity can occur at any stage in life, either through illness or an accident, we recommend that you ensure you have a valid Will in place as soon as possible.
If you would like a Will prepared, please contact our team of lawyers at The Quinn Group on (02) 9223 9166 or submit an online enquiry form today.