Capacity to make a will

Creating a will gives a client an opportunity to ensure that those people/organisations who they wish to benefit from their estate do so when the client passes away.

In order to make a valid will one must be over the age of 18 years and have Testamentary Capacity.

In deciding whether a client has testamentary capacity a solicitor will consider 3 things:

1. Whether the client understands fully what a Will is, and what its effect may be.

2. Whether the client knows the full extent of all of their property which s/he has to leave to any beneficiary;

3. Whether the client calls to mind any person who may be expected to be included as a beneficiary and then decides whether to include them.

In cases involving elderly or ill clients, it is recommended that a medical opinion on testamentary capacity is obtained. Often the solicitor will arrange for the clients to be examined by their GP.

This can be crucial, if, after death, the will is challenged by disgruntled family member/beneficiary.

If you have any questions on making a will or Testamentary Capacity, contact Julie Mullan.

Contact McGrath McGrane

If you are thinking of engaging a lawyer, why not contact us today to see if we can assist? Any of our solicitors will be delighted to speak with you without obligation.

McGrath McGrane Solicitors

Phone: +353 (0) 1 873 5012

Fax: +353 (0) 1 873 5024