Who Can Make a Will?

Absolutely anyone can, and should, make a Will.

However, you must have the mental capacity to make a Will, let’s go into detail about what we mean:

You are considered to have mental capacity if 1. You know what you own (your estate), 2. You know others who may have a prior legitimate claim on your estate and 3. you know the consequences of your decisions regarding the disposal of your estate. You must also be able to recollect any decisions you have made in respect of your estate, at a later date.

If you make unusual or unfair decisions that does not mean you lack capacity if you have the appreciation of why you made those decisions.

You do not have capacity for the purposes of making a Will when you have impairment of the mind due to some medical condition. It’s noteworthy to understand, if you’ve been diagnosed with Dementia or Alzheimer’s that doesn’t necessarily mean you do not have capacity, so long as there are moments of lucidity when you can make decisions and have the appreciation and recollection of your decisions.

It is never too early to make a will or Power of Attorney

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