Capacity necessary to make a Will

A Will is a legal document setting out how a person wants his/her assets to be distributed on death. Anyone over the age of 18 can make a Will provided they have capacity. A person will have the necessary capacity if they:

• know what a Will is;
• know in general terms the amount and type of property they are disposing of; and
• understand the moral claims to which he/she should give effect when deciding to whom to leave their property.

A Will maker must also know and approve of the contents of their Will.

A Will can be challenged on the grounds that the Will maker did not have sufficient capacity when signing the will. This arises most frequently where the Will maker is ill, for example, in hospital on medication or elderly and suffering from dementia.