• Basic Wills from £150.00
    Basic Wills from £150.00
    Without a valid Last Will and Testament any assets you leave on death will be distributed according to the Rules of Intestacy. These rules lay down a rigid method of estate distribution and make no account of your wishes. Click the image to read more...
  • We realise that most people haven’t experienced probate before. Probate is the administration of a deceased’s Estate by the appointed “executors” in the Will, usually family members. At an already difficult and emotional time, the complexities of executing a Will and establishing any appropriate Trusts can be an arduous task. Click the image to the left to read more...
  • Inheritance Tax is simply a tax on money or possessions you leave behind when you pass on.It can also apply to some “gifts” you make during your lifetime. It is therefore vital that you receive professional Inheritance Tax Advice on your position to minimise the impact and tax paid should the worst happen, ensuring that your loved ones receive as much of your money as possible. Click the image to the left to read more...
  • Without a valid Last Will and Testament any assets you leave on death will be distributed according to the Rules of Intestacy. These rules lay down a rigid method of estate distribution and make no account of your wishes, unless you write a will. Click the image to the left to read more...
  • Lasting Powers of Attorney from £195
    Lasting Powers of Attorney from £195
    Often serious illness or accidents strike without warning. Last year, for example, approximately 130000 people suffered strokes. Without a Lasting Power of Attorney being available this is when it becomes difficult... Click the image to the left to read more...

Have you the capacity?

IN the present litigious environment many Wills are challenged which question the capacity of the testator when making the Will.

When taking instructions to make a Will a professional has to consider a variety of matters.

To start with, who made the appointment? If not the client then who and why someone else?

Is there any reason to doubt the client’s capacity from the interview arrangements?

At the interview is there any evidence the client is under some form of influence? For example are any of the main beneficiaries present when taking the instructions?

Is there an existing Will in place and if so what are the reasons for making a new one and why are changes being made?

Does the testator have any medical problems for which medication is being taken? If so could this affect the the mental state of the testator? It may be necessary to obtain a doctor’s letter to confirm capacity where medication could have an effect. If there is any doubt over this then it may even be advisable to ask the Doctor to be a witness to the Will when it is signed

.Once deceased any one of these problems could give rise to a claim against the estate by a disgruntled family member or beneficiary who thinks they are entitled to more.

The answer is to make a Will whilst you are fully capable and ensure your assets reach the desired beneficiaries without any fear of challenge.