Questions can arise about whether a person actually had the necessary legal capacity to make a Will at the time they signed their Will. The key elements in testamentary capacity are that a person must be able to understand what they are doing, have a reasonable understanding of what their assets are and who they should be taking into account when making their Will.

Capacity can arise in many circumstances, particularly when the person making the Will is suffering from mental illness, and 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 have the knowledge and experience necessary to advise executors, relatives and other lawyers about legal capacity questions under NSW law.


Back to Estate Planning & Contested Estates.

Back to Our Services.