Testamentary Capacity

Описание: Testamentary Capacity: When Can a Will Be Challenged? (Banks v Goodfellow Explained)

One of the most common reasons wills are disputed is testamentary capacity — whether the person making the will genuinely understood what they were doing at the time they signed it.

In this video, we cover:

Why capacity is not decided purely by a medical diagnosis (e.g. dementia or Alzheimer’s)

The legal test the courts apply: Banks v Goodfellow

What a person must understand for a will to be valid:

they’re making a will and what it does

the broad extent of their assets (property, savings, investments)

who might reasonably expect to benefit (even if they’re excluded)

whether decisions are affected by delusions or a disorder of the mind

How “good days / bad days” can matter for fluctuating conditions

Why proper advice and clear evidence of capacity can reduce dispute risk (e.g. recorded capacity evidence)

If you’re making a will for someone elderly, unwell, or vulnerable—or you’re concerned a will may be challenged—this is an essential starting point.

📌 Helpful links / contact:

Website: https://makeawillonline.co.uk/mental-...

Book a call: https://makeawillonline.co.uk/book-a-...

Capacity evidence tool: https://capacityvault.co.uk

This video is general information, not legal advice. For advice on your situation, speak to a qualified solicitor.

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