What is Testamentary Capacity?

Testamentary Capacity is just another way of saying ‘the ability to make a Will’. The criteria for this is laid out in a ruling known as Banks v Goodfellow. It essentially says that in order to make a Will a person needs to be able to understand the nature and purpose of a Will, to understand the extent of their estate, to be able to consider the claims of those that may feel they should inherit and there is no mental ill health or cognitive issues stopping the person from being able to make the Will.