I don’t think that my mum knew what she was doing when she made her Will. How can I tell if she lacked capacity?
You may be concerned that a family member or friend did not understand what they were doing when they made their Will. The legal test for whether or not a testator had sufficient mental capacity to make a Will requires that:
- They understand the nature of the act of making a Will and its effect – in other words, that he or she understands that they are setting out how they wish for their estate to be distributed upon their death;
- The size of their estate;
- The individuals in respect of which they are morally bound to provide for and any consequences of not providing for these individuals; and
- That they are not suffering from any disorder of the mind which may effectively poison their feelings toward people who may otherwise expect to benefit from the estate.
The process of analysing whether or not a testator did lack the mental capacity to make a Will involves consideration of the evidence of the solicitor or Will maker involved in the preparation of the Will, the testator’s medical records and the witness evidence of other people who were involved in the testator’s life.
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We understand that will make an initial claim for recovery against the borrower and will, once its normal recovery procedures have been completed, claim against the Government guarantee.
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The Planning Inspectorate have been exploring ways of conducting hearings and inquiries remotely using technological means and conducted their first “digital” hearing on 11 May .
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The Planning Inspectorate have subsequently been scaling up conducting digital hearings, which also includes holding virtual local plan examination hearings.
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You could also furlough an employee in the clinically extremely vulnerable category. Again we do not anticipate this changing.
The Grant of Probate is the legal document issued by the Probate Registry which confirms that the executors of the Will have the legal authority to deal with the estate.