27/08/2026
Assessing capacity for making a will
the number of people living with Dementia in the UK is projected to nearly double from 850,000 to 1.6 million by 2040, mainly due to an ageing population (according to Dementia UK). Therefore, ensuring that the right tests and assessments are followed to establish that a person making a Will (the “testator”) has capacity to make the Will (known as “testamentary capacity”) is becoming increasingly important.
Anyone over the age of 18 years can make a will provided they are of sound mind. In legal terms, the testator should have the capacity to specifically make a will. The test for testamentary capacity was established in the case of Banks v Goodfellow (1870) and includes having an understanding of the following:
* the nature and effect of making a will;
* the extent of their estate;
* the claims of those who might expect to benefit from the testator’s will (both those included in the will and those excluded); and
* the testator should not have a mental illness or a disorder of mind that shall poison their affections and influence them into making bequests they would not otherwise have made, if their mind had been sound.
take a look at how you can assess capacity and what you can do if a person lacks capacity.
https://btwc.co.uk/assessing-capacity-for-making-a-will/