{"id":880,"date":"2023-06-22T10:00:00","date_gmt":"2023-06-22T09:00:00","guid":{"rendered":"https:\/\/ctt-group.co.uk\/tax-trust\/?p=880"},"modified":"2023-09-27T10:39:16","modified_gmt":"2023-09-27T09:39:16","slug":"who-can-make-a-will","status":"publish","type":"post","link":"https:\/\/ctt-group.co.uk\/tax-trust\/who-can-make-a-will\/","title":{"rendered":"Who can make a will?"},"content":{"rendered":"
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Wills play a critical role in shaping an individual’s legacy, and without one, their estate may not be distributed in accordance with their wishes but rather be subjected to intestacy laws. While some assume that writing a will is a straightforward process, it is not always so.<\/p>\n

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The legalities of writing a will<\/strong><\/h2>\n

In this article, we will delve into the criteria for who can and cannot make a will and highlight essential considerations to bear in mind when doing so. Although many believe that anyone can create a will whenever they desire, this is not universally applicable. Some exceptional circumstances and rare occurrences in a person’s life can significantly impact their eligibility to create a will.<\/p>\n

Creating a will is a crucial task that requires a thorough understanding of the legal requirements involved. To make a will in England and Wales, the testator must meet certain criteria, including having testamentary capacity, being of the required age, making the will voluntarily and without any undue influence or fraud, signing the document, and having it witnessed by two individuals.<\/p>\n

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What is testamentary capacity?<\/strong><\/h2>\n

Testamentary capacity is a crucial element of will-making, and if it is later determined that the testator did not have it when signing the will, the document may be disregarded and deemed invalid. Therefore, it is essential to ensure that the testator meets the four-pronged criteria established in the case of Banks v Goodfellow 1870:<\/p>\n