It has always been an important role of Will writing solicitors in North Wales to ensure that the testator has the mental capacity to complete the document in accordance with the law.
This usually includes demonstrating a full understanding of the document and a knowledge of their assets.
In May, proposed new updates to laws governing how Wills are made were introduced, and one of the issues addressed was the recommendation to include a mental capacity test if needed. This piece of legislation will help testators and their families make arrangements for their estate similarly to how they can make plans to manage their health and finances, and this can be used when someone’s ability to understand the Will making process is questioned.
Wills and Probate solicitors will have the ability to access guidance and policies on how and when to use the Mental Capacity Act 2005. This can then help them formulate the best way to approach Will making in the future. Recommendations for legal experts going forward will include the likes of using independent witnesses and ways to request a formal mental assessment by medical professionals.
It is hoped and anticipated that these changes will help avoid family disputes and to give relatives and friends the peace of mind that their loved ones Will was written fairly.
Take a moment to contact us today here at Bennett Smith Solicitors. Together, we can arrange to discuss your Will and any concerns you may have.
