Testamentary Capacity: When Can Someone Legally Make a Will?

Testamentary capacity in the UK explained. Understand the Banks v Goodfellow test, challenging a will due to dementia, and ensuring validity.

<pMaking a will is a fundamental aspect of estate planning, allowing individuals to dictate how their assets will be distributed after their death. However, for a will to be legally valid and enforceable in England and Wales, the person making it – known as the testator – must possess what is known as 'testamentary capacity'. This isn't just a matter of being of sound mind; it refers to a specific legal test designed to ensure that the testator understands the nature and effect of signing thei...

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