Losing Your Testamentary Capacity

by M-Gillies

Whether it's temporary or permanent, mental incapacity does not mean that you can't change your will.

At a certain point in our lives, we may possess and then lose testamentary capacity. This can either be temporary or permanently and can be caused by a number of conditions resulting in mental disability or mental incompetence, including mental illness, brain injury from physical trauma, or senile dementia.

Some people may never have testamentary capacity in their lifetime, this may be due to developmental delays or impairments, and while this can limit the management of one’s assets or estates, the legal assessment of an adult’s testamentary capacity is never just presumed, rather is always assessed on an individual basis.

However, when someone lacks capacity to manage their affairs, does not have an up-to-date will, or has assets they wish to leave, it is possible for them to update, change or revoke a previous will with a current one.

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