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Capacity to make a Will

In order to make a Will you must have, in the eyes of the law, the decision-making capacity to do so. This means you must understand what you are doing in creating a Will; you must know the nature and extent of your property and be able to recall the people who might be expected to benefit from your estate.

Both your solicitor and your medical practitioner may assess your decision-making capacity. It is your decision-making capacity at the time of making your Will that is legally relevant.

It is normal practice for a solicitor to record in writing any concerns he or she may have in relation to your capacity to make a Will. If you have any existing medical illness or condition which may affect your capacity, your solicitor may seek a report from your doctor which proves that you understand the implications of your actions and have the capacity to create or amend your Will.

University College Dublin (UCD)National Centre for the Protection of Older People (NCPOP)Health Services Executive (HSE)Older People's Empowerment Network (OPEN)
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