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What is a Testamentary Mental Capacity Assessment and Why Is It Important?

A testamentary mental capacity assessment is an assessment that is completed to ensure that a person has the mental capacity to make decisions about their Will. Wills are significant legal documents that reflect an individual’s final wishes regarding the distribution of their estate after death. Therefore, it is essential that the person making the Will…

Legal Implications of Lacking Testamentary Capacity: Protecting Your Will from Disputes

When creating or altering a Will, ensuring that the person making the Will (the testator) has testamentary capacity is crucial. Without it, the legal validity of the Will could be challenged, leading to disputes, delays, and potentially costly legal battles. In this blog post, we will explore the legal implications of lacking testamentary capacity, how…

Understanding Mental Capacity: A Comprehensive Guide for Families and Individuals

Mental capacity is a vital concept in both healthcare and legal contexts, affecting decisions that range from everyday choices to significant life-changing matters. Understanding what mental capacity entails and how it is assessed is crucial for anyone involved in supporting individuals who may be at risk of lacking the ability to make certain decisions independently….

Considerations When Making A Will

Free Wills Month in October is fast approaching! This bi-annual event gives those aged 55 and over the opportunity to have a simple Will written (or updated) free of charge by a participating solicitor. Clients are invited to consider leaving a legacy in their Will to one of many national charities that are part of…

The Importance of CoP3 Assessments: Navigating the Court of Protection Process

The Court of Protection CoP3 plays a crucial role in safeguarding individuals who lack the mental capacity to make certain decisions for themselves. Central to this process is the CoP3 mental capacity assessment, a formal evaluation that determines whether a person has the capacity to make specific decisions. Understanding the importance of CoP3 assessments is…

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