Testamentary Capacity
Testamentary Ability Assessments are used to determine whether or not a person has the mental capacity to write a will for themselves. We make use of the decision that was reached in the case of Banks v. Goodfellow whenever we conduct a Testamentary Capacity Assessment.
We will require background information (which is often supplied by the attorneys) in order to correctly perform this assessment. Some examples of this kind of material include a current or former will, dependents, the size of the estate and property, and a family tree.
“It is essential that a testator shall comprehend and appreciate the claims of others to which he ought to give effect; shall understand the extent of the property of which he/she is disposing; shall be able to comprehend and appreciate the claims of others to which he ought to give effect; and, with a view to the latter object, [and] that no disorder of the mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties; that no insane person (Jacoby & Steer, British Medical Journal, 2007)
In order for the testator to be able to comprehend the following:
- The process of creating a will and the consequences of doing so
- How much of an estate he or she leaves behind
- Claims made by individuals or groups that are anticipating financial gain as a result of the testator’s will (both those being included in, and being excluded from, the will)
Just Health offers its customers a hassle-free, user-friendly service in which everything is broken down and presented to them in words that are easily understood by the average person. Our Testamentary Assessment consists of one trip to the client’s residence, an evaluation, travel time, reading time, and a review of the documents.
