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MENTAL CAPACITY TO MAKE A WILL

Capacity to make a will

The person making the will must have understood the nature of making the will, the extent of the property which he/she was disposing of and the claims to which he ought to give effect to.

These principals where established in a very old case called Banks –v- Goodfellow. Will disputes are common when the testator may have been suffering from Alzheimer's disease or other forms of dementia.

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