From cgw.com.au: Discussion of the concept of testamentary capacity, which determines whether a person can legally make a will based on their understanding of the decision.

A person with cognitive impairment, such as dementia, may still possess testamentary capacity if they can comprehend the nature of making a will and the implications for their estate.

If a person lacks capacity when making a will, it can be challenged in court, leading to potential intestacy or the possibility of a statutory will being issued through court approval.

Filed under: SME & Family Business

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