Mental Capacity

For a will to be valid, the person who has died must been well enough to make their will.

Testamentary capacity is the legal term used to describe a person’s legal and mental ability to make or alter a valid will. If the person making the will lacks capacity at the time that the will is written, this would make the will is invalid.

The Mental Capacity Act 2005 (MCA) applies to individuals who lack the mental capacity to make decisions for themselves.

People with Dementia, Alzheimer’s, a brain injury and those with severe learning disabilities would all be applicable to the Mental Capacity Act. It Is there to keep these individuals safe and to ensure they are not taken advantage of.