Testamentary Capacity

Testamentary capacity is the legal mental threshold a testator must meet for a Will to be valid. Drawing on the classic test in Banks v Goodfellow, the will-maker must understand the nature and effect of making a Will, know the general extent of their assets, and appreciate who might reasonably expect to benefit — free from any disorder of the mind that distorts those judgements. It is assessed at the time the Will is made.

Capacity is often documented by a solicitor's file note or a doctor's assessment, especially for elderly or unwell will-makers, to guard against later challenge. Example: before signing, Mr Lewis confirms he understands the Will, lists his home and savings, and names his three children as the people who might expect to share his estate. Where a person lacks capacity, the Supreme Court may authorise a statutory will on their behalf — distinct from broader decision-making capacity.