The mental capacity required to make a will
In order to make a valid will, the person making the Will must be of sound disposing mind. Adults are presumed to have the capacity to make a will unless proven otherwise. Picture: iStock
The death of 77-year-old Monty Python star Terry Jones last year has raised some interesting legal questions. His adult children challenged his will in which he left his home to his 38-year-old wife Anna Soderstrom. Terry’s children launched an ongoing High Court battle claiming that their father did not have the capacity to make a valid will as he was suffering from dementia.
The Irish law governing capacity to make a will can be found under Section 77 of the Succession Act 1965 whereby it states that in order to make a valid will, the testator/testatrix (the person making the Will) must be of sound disposing mind. Adults are presumed to have the capacity to make a will unless proven otherwise.
