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What is capacity and how is it confirmed?


Capacity is one’s ability or power to do or understand something. As some people get older they may lose the capacity to legally create a will. If the creator did not have capacity during the time in which the will was made, this would be grounds for dispute.

To have capacity the testator needs to know what a will is, what their property is and the people that have a reasonable claim to the estate.

The courts will determine a person’s capacity based on evidence you can supply to prove so.

Medical evidence of conditions such as dementia or Alzheimer’s are good examples of incapacitated circumstances.

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