- My elderly aunt has told me that she is going to make a will leaving her entire estate to her cleaner who she has only known for 3 years. I feel a little uneasy about this as I am not sure that my Aunt fully understands what she is doing. What level of understanding must my Aunt have to make a will?
- Like any person making a Will, your Aunt must:-
- understand that she is making a Will
- understand that the effect of the Will is to dispose of her assets after death.
- understand (in a broad sense) what assets are disposed by the Will.
- be able to review the beneficiaries who may have a claim on her estate, and
- not be suffering from a mental illness which affects her ability to decide the destination of the estate.
If your Aunt fails to satisfy any of the above elements then the Will will be invalid for lack of capacity.
To minimize the risk of the Will being challenged at a later date it is vital that your Aunt consults a solicitor. Our specialist Wills & Probate Department has significant experience in this area and can be contacted on 0808 231 7043.
If our Solicitor is any way concerned about your Aunt's level of understanding then they will consult your Aunt's GP to obtain medical evidence. If this is not conclusive then, as a matter of good practice, arrangements will be made to have the Will witnessed by doctors who, in the event of a later dispute, will be able to confirm their opinion of your Aunt's capacity.
