TESTAMENTARY CAPACITY

It is important to ensure that a client has an understanding of the nature of the making of a will and its effects at the time when the will is being made. The client may be in a frail state, may be hospitalised, or bed ridden or of advanced age or may be in a state of mental instability. Such indication may clearly show lack of testamentary capacity and may give rise subsequently to a challenge being mounted against the will.

Our solicitors ensure that the will is executed as soon as possible after the clients instructions are received and that diary notes are taken when instructions are received and that where appropriate, a medical certificate is obtained and stored in safe custody, along with the client’s will.

There are certain circumstances where a client may be quite lucid on one day but not so lucid on the next day. Great care is taken in the taking of instructions that the solicitor acts on coherent instructions, always keeping in mind that the solicitor may be required to give evidence before a court in relation to the testamentary capacity to the client.

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Wynnum (07) 3893 3388
Cleveland (07) 3821 6288

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