What can be done if there are doubts about the Testator's Testamentary capacity (e.g. not of sound mind)?
Having certain mental conditions (such as mild dementia) does not automatically mean the Testator has or does not have
Testamentary capacity
(i.e. the mental capacity to know, understand, approve, and make his Will).
If the Testator proceeds without addressing such doubts on his testamentary capacity, it may lead to complications down the road (e.g. contestation on the validity of the Will).
If there are any doubts about the Testator's testamentary capacity but the Testator still wants to get his Will done, the Testator can engage a accredited medical practitioner or a psychiatrist to certify (and provide documentation) that he has Testamentary capacity.
A
Mental Capacity Assessment (MCA) can be conducted to determine if the Testator has mental capacity and hence the testamentary capacity to do a Will. It is formal evaluation of an individual's ability to make decisions for themselves. Our partners at
Speedoc offer onsite visits for MCA assessments, or you can check with the attending doctor/clinic who diagnosed the Testator's mental condition. If the MCA fails, a psychiatrist will need to be involved to further evaluate testamentary capacity.
The certification document does not need to be in a specific format, as long as it is signed by the certifying party. The document can be attached as a supporting document to attest to the Testator's Testamentary capacity. Although it does not form part of the Will, it should be kept with the Will as evidence should any doubts arise regarding the Testator's capacity at the time of signing their Will.
Alternatively, may also contact an LPA Certificate Issuer, who serve a similar function in determining if the person has the mental capacity to do LPA. The Office of Public Guardian's website provides a list of LPA Certificate Issuers and the
top 10 most frequented LPA Certificate Issuers. Please call and check if they can provide you with the required service before heading down.
For the Will to be legally valid, it must be printed out and signed. A summary of the signing instructions is on Page 2 of our generated Wills:
While the certifying party (who certifies that the Testator has Testamentary capacity) doesn't need to be one of the witnesses of the Will, it will be good if possible.
