Teece Hodgson & Ward expertly assists with issues surrounding capacity to make a will.

Questions can arise about whether a person actually had the necessary legal capacity to make a will at the time they signed their will. Key elements in testamentary capacity are:

  • that a person must be able to understand what they are doing
  • they must have a reasonable understanding of what their assets are
  • understanding who they should be taking into account when making their will.

Questions about capacity arise in many circumstances, especially when the person making the will is suffering from mental illness, or an illness which affects their memory such as Alzheimer’s disease, or an injury or other illness which casts doubt on their ability to make informed decisions or to communicate their intentions clearly.

The law and practice of capacity disputes, particularly the manner in which the issues are framed, can be quite complex. Our wills and estates law specialists, including Accredited Specialists in Wills and Estates Law, are leaders in this field. They have exceptional knowledge plus have the experience necessary to correctly advise executors, relatives and other lawyers about legal capacity questions under NSW law.

How we can help

For further information on how Teece Hodgson & Ward helps, contact:

We’d like to hear from you

If you’d like to speak with someone from the Teece Hodgson & Ward team,
please give us a call on 02 9232 3733, or contact us.