This is a very enlightening post on a complex issue that confronts family members with dementia. From Dr. Jane Lonie and Elder Advocates
For any will to be legally binding, its author must have (or be deemed to have had) the ability to understand the nature and effect of their will at the time of it’s writing. The capacity to understand the nature and effect of a will at the time of writing is referred to as ‘Testamentary Capacity’.
The same applies where an individual is looking to amend an existing will. He or she must be deemed to have testamentary capacity in order to make such changes in a legally binding manner.
Testamentary capacity is therefore determined by an individual’s ability to understand the nature and the effect of their will at the time that the will is made. In the vast majority of cases where the integrity of brain function is not in question, there is no need for an individual to undergo formal assessment of…
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