Your will is integral to ensuring the efficacy of your estate plan and, as such, making sure that your will meets the requirements for validity is paramount. In this article, we unpack the requirements for a valid will and provide useful insights into the drafting of your will.
ADVERTISEMENT CONTINUE READING BELOW Mental capacity The requirement that a testator or testatrix is mentally sound at the time of making a will means that the person must be capable of appreciating the consequences of their actions. As such, if the testator was under the influence of alcohol, narcotics or mind-altering substances at the time of drafting the will, it may be challenged on this basis. Similarly, if the testator was suffering from a mental illness that impacted their mental capacity at the time of signing the will, this too can provide grounds for it to be challenged. That said, bear in mind that if someone alleges that the testator lacked mental capacity at the time of signing there will, the onus of proof rests on the person making the allegatio
Will Estate Plan Validity Mental Capacity Requirements Drafting Signing Challenge
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