When you make a Will, you need to demonstrate that you have the mental capacity to do so, especially if you are elderly or vulnerable.
To prove that you understand the mechanisms of making a Will, you may be asked several questions by Will writing solicitors, such as your understanding of the effects of the Will and the extent of your estate.
It may be deemed that you do not have the capacity to make a Will if you have dementia or any other condition which makes you at risk from undue influence. If this becomes the case, the Court of Protection may be asked to intervene. A trusted individual could apply to make your Will for you and, under the Mental Capacity Act 2005, the court may grant permission for them to proceed.
If this happens, a statutory Will could be made but firstly, the Court of Protection would have to consider who can manage this on your behalf. The court will weigh up all matters relating to your estate and what your beliefs and understandings are. If you have previously expressed your wishes to friend and family, these could be taken into account by the Court of Protection. Wills solicitors in North Wales can help prepare a statutory Will and work with your appointed person to carry out your wishes as best they can.
Make contact with us at Bennett Smith Solicitors today and request an appointment with one of our expert legal advisors to help you make your Will.
