For a Wills to be valid it is important that the testator fully understands the nature of making the will and the extent of the estate which they are distributing amongst the worthy beneficiaries. It is common for wills solicitors to encounter disputes with wills that were made by testators who are suffering from any kind of dementia including Alzheimer’s disease. To make sure that the disputes are at a minimum, courts have introduced a “Golden Rule”. The following text elaborates on this rule and its implications.
When is the Golden Rule Applied?
In recent cases, we have learned the hard way that a valid will doesn’t simply mean that it was made under the guidance and supervision of wills solicitors. In fact, it has to be made sure that the testator was “able to communicate in a meaningful way”. In short, to make a valid will the testator must:-
- Have the testamentary capacity which would imply the extent of the will and its effect.
- Know what comprises of one’s estate.
- Know the identity of those who wish/deserve to benefit from the estate.
- Not be suffering from delusions which may affect the feelings towards the worthy beneficiaries
Who Are At Most Risk?
In most cases, it has been observed that people make wills near death when they have lost significant mental capacity either due to old age or illness. The wills that are made in such circumstances are at risk of being considered in-valid. Therefore, it should be made sure with the help of Wills Solicitors that the testator is eligible for making a will keeping the “Golden Rule” in mind.
For more information, you are more than welcome to contact our expert wills solicitors at Walker Wise Solicitors by phone on 01254 300 966 or email email@example.com