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Browse guidance and practitioner perspectives on Testamentary. The articles below explain the relevant questions, evidence and practical considerations; check each article's date, sources and jurisdiction.
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Where pressure over a will is suspected, assess testamentary capacity under Banks v Goodfellow and investigate the circumstances separately. The person needs a private, supported opport…
Read moreA retrospective testamentary opinion applies Banks v Goodfellow to the relevant will-making dates using the will file, medical and care records, and witness evidence.
Read moreComplex-estate assessment fees depend on the work agreed, including records, communication support, meetings and reporting. Ask for the total price, exclusions and follow-up terms in ad…
Read moreComplex assets do not automatically remove testamentary capacity. The assessment considers the person’s broad understanding of their own estate and proposed will under Banks v Goodfello…
Read moreBlended families, estrangement and unequal gifts do not prove incapacity. A will-capacity opinion should apply Banks v Goodfellow to the person’s own intentions and circumstances.
Read moreA person’s own will and a Court of Protection statutory will follow different legal routes. Banks v Goodfellow governs ordinary testamentary capacity; the court’s statutory jurisdiction…
Read moreWill-capacity opinions may be obtained before execution, at the time, or retrospectively. These describe timing and scope rather than separate legal tests or mandatory service tiers.
Read moreTestamentary capacity and undue influence are distinct legal issues. A capacity opinion can record relevant observations, but a disputed claim of undue influence is for the court.
Read moreTestamentary capacity is the ability to make the particular will under Banks v Goodfellow. It is distinct from the Mental Capacity Act test and does not alone establish every requiremen…
Read moreSolicitors, medical practitioners and other suitably experienced professionals can contribute testamentary-capacity evidence. The Golden Rule specifically recommends medical involvement…
Read moreWhen someone makes a will, one of the most important questions is whether they had the mental capacity to make that decision at the time.
Read moreA GOOD PLACE TO START
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