01
Capacity and free choice
A Will maker must understand and approve the document and act voluntarily. Where capacity may be questioned, independent legal and medical evidence can become important.
The legal position
Illness or diagnosis does not itself invalidate a Will. The Will-maker must have testamentary capacity and intend the document to operate as a Will when it is executed. A Will obtained through coercion or undue influence can be challenged. Powers of attorney operate during life and end on death; a Will operates after death.
What may need attention
02
Documents for life
A Will operates after death. Powers of attorney, guardianship or health-planning documents deal with decisions while you are alive and differ by jurisdiction.
03
Access and practical instructions
Make sure trusted people know where original documents and essential information can be found without exposing sensitive passwords.
When professional advice matters
Use an independent solicitor where capacity may be questioned, a beneficiary is involved in arranging the Will, family conflict exists, or urgent execution is required. Medical urgency should never be used to pressure a person.
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Useful official information
General information only, not legal, financial, tax or medical advice. The effect of a life event depends on your jurisdiction, documents and circumstances.