Testamentary Case Study

Lasting Power of Attorney Mental Capacity Assessment

John was a 30 year old gentleman who suffered a brain injury as a result of a car accident. He received a significant amount of compensation as a result of the accident and wanted to make a Will to ensure that his daughters and current partner would benefit upon his death.

Although John clearly understood what a Will was and the size of his estate, as a result of his brain injury John was struggling to work out how to divide up his estate. By using a box of tea bags to provide John with a physical representation of his estate, he was able to physically assign a visual amount to named individuals and literally see the relative values of this. Using this method John was able to work out how he wanted his estate to be divided up between his loved ones and we were pleased to be able to witness him signing his Will.

If you would like to know more about how we assess testamentary capacity and can support you or your loved one then please contact us.