BMJ  2007;335:155-157 (21 July), doi:10.1136/bmj.39232.706840.AD

Practice

How to assess capacity to make a will

Robin Jacoby, professor emeritus of old age psychiatry1, Peter Steer, partner, Wilsons Solicitors2

1 University of Oxford, Warneford Hospital, Oxford OX3 7JX , 2 Steynings House, Salisbury SP2 7RJ

Correspondence to: R Jacoby robin.jacoby@psych.ox.ac.uk

Much litigation in the United Kingdom and elsewhere could be avoided if doctors correctly assessed the capacity of a person to make a will. An old age psychiatrist and a solicitor explain how to assess capacity using legal tests

The first 150 words of the full text of this article appear below.

Introduction

Dementia and personal wealth are both increasing. This has led to more wills being contested after a testator's death. Solicitors often adhere to the "golden rule" by asking doctors to certify testamentary capacity (capacity for making a will) in potential testators. We discuss possible pitfalls in this situation and offer advice on how to proceed.

The problem

The policies of former UK prime minister Margaret Thatcher led to an increase in property ownership in the UK. Given the steep rise in house prices in Britain since she left office, more people now have substantial estates to bequeath. Alongside this trend has been an increase in the proportion of older people in the population, resulting in a growth in the prevalence of dementia. Dementia and will making are awkward bedfellows. This would scarcely be a problem if people were to make wills before reaching old age, but this often does not happen, and . . . [Full text of this article]

Defining testamentary capacity

The golden rule

How to avoid embarrassment


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How to assess capacity to make a will
David P Jones
bmj.com, 22 Jul 2007 [Full text]
currently available tests of cognitive function have their limitations
oscar,m jolobe, et al.
bmj.com, 26 Jul 2007 [Full text]
No Mention of the Cost
Laurie R Davis
bmj.com, 26 Jul 2007 [Full text]
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