Will – Mental Capacity Ltd

Out of focus woman signing an important document.

Mental Capacity and the roles of Executor and Probate (PA14)

1 December 20251 November 2025
Mental Capacity in Practice

There are sometimes occasions when a person dies and the Executor named in their Will is not able to complete their role due to a lack of capacity. Similarly, there are times where a person may not have formed a Will, and the loved one who would normally act as Probate is unable to perform this role due to a lack of capacity

In this blog, we give a brief summary of the process and the steps needed.

Writing a Will: Fountain pen atop hand-written note, alongside some purple flowers.

Testamentary Capacity: Making a Will

6 March 202324 February 2023
Mental Capacity in Practice

Testamentary Capacity refers to an individual’s legal mental capacity to create or amend their Will. In cases where there is either a reasonable belief that the individual may lack capacity to complete their Will, or that there may be challenges to the Will in future, it is best practice to request an Independent Mental Capacity Assessment to safeguard the decision.