Statutory Wills – Can you make a Will without testamentary capacity?
One of the fundamental requirements of making a Will is that the will-maker must have the requisite capacity to make decisions about their assets as they wish. This can be problematic for those who have made previous Wills but suffered from mental health diseases and no longer able to make decisions about dealing with their assets themselves. It is also an issue for people who have...
Can your Behaviour be so Bad that you Write yourself out of a Will? Disentitling Conduct and the Forfeiture Rule
A will maker will usually be warned by their lawyer about the risks of not including an entitled person in their will. If an entitled person, spouse, child or dependent, is omitted, or not adequately provided for in a will then they may make a court claim for compensation against the estate. What a will maker will not normally...
Testamentary Capacity – what do you need to prove in order to make a valid will?
In order for someone to make a valid will, there is a fundamental requirement that they had the right state of mind to make their will. This is known as testamentary capacity and it is crucial that you understand how to prove testamentary capacity in case it is ever in dispute. Otherwise you may risk your assets being given to someone you did not intend to inherit them.
What does...
3 key Aspects Explained – when Appointed as an Executor of the Will
It can be a daunting task to deal with a deceased person’s money and property once they pass away. If you have been appointed as an executor of a will, it is important to know the expectations placed on you to distribute the estate correctly and what the penalties may be for failing to carry out your duties.
How to determine who has been appointed as an executor
You may have...