old couple capacity to marry

Capacity to marry – what about making a will?

In the recent case of DMM, Re (2017) EWCOP 33 the court had to decide if someone had the capacity to marry and revoke a will. When creating a will there are many issues that come into play. Alongside the statutory requirements in Section 9 of the Wills Act 1837, there are three main requirements for the formation of a valid will. These are: the testator must have testamentary capacity, […]

Know the golden rule in relation to testamentary capacity to avoid your will being challenged

Testamentary capacity and the Golden Rule

We look at ‘the golden rule’ in relation to will disputes – what it is, and why it is important If you are worried that a close relative was unwell when they made their will, and did not really know or understand what they were doing, you may be considering challenging the will on the grounds of ‘testamentary capacity’. If this is the case, you will need to take a […]