Broadly speaking, if someone cannot make a certain decision for themselves, they are often said to ‘lack capacity’ to make the decision. Capacity is function specific, based upon the decision at hand that needs to be made. The legal framework applying to mental capacity can be found in The Mental Capacity Act 2005 (MCA). This…
In order to make a Will in England or Wales, the law requires you to understand fully what you are doing and its implications. This is known as having “testamentary capacity”, which is a special category of capacity. Broadly, in relation to making a Will, it relates to whether a person is capable of understanding:…
