There are tests for the capacity to make a Will:
The person making the will (Testator) must understand:
- The nature and effect of making a Will
- The extent of his or her estate
- The claims of those who might expect to benefit from the testator’s will (both those being included in, and being excluded from, the Will)
The Testator cannot have a mental illness which:
- Influences the testator to make gifts in the Will that he or she would not otherwise have included
- Capacity can be a temporary understanding at the time of signing a Will or when the Will is drawn up with subsequent knowledge that a Will is being signed.