The “golden rule”: Solicitor steps to protect wills where capacity may be in doubt
If you’re making (or updating) a will at a time when someone might later question your mental capacity, you’re right to think about protection up front. A will challenge can be expensive, stressful, and slow — and it often happens when families are already dealing with grief. That’s where the “golden rule” comes in. It […]
Choosing executors and trustees when a testator has Alzheimer’s
A diagnosis of Alzheimer’s does not, by itself, prevent someone from making or updating a will. What matters is testamentary capacity at the point of signing under the Banks v Goodfellow test. Where capacity is borderline or fluctuating, sound appointments of executors and trustees become even more important to ensure smooth administration and robust decision-making. […]