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Mental Incapacity

For a will to be valid the person making it must have sufficient mental capacity. Determining whether a person has the necessary level of capacity may be difficult and legal challenges in respect of a testator's lack of mental capacity are becoming more common.

The Law Society and the British Medical Association have issued joint guidance for lawyers and doctors to help assess mental capacity. The guide may be obtained from the Law Society or booksellers. Some information is also available from the Department of Health.

This information shall not be deemed to be, or constitute legal advice. We are not responsible for any loss as a result of acts or omissions taken in reliance of this information.

For more information and support on this topic, contact us on 0191 5666 500 or complete our short online enquiry form and one of our team will get back to you.

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