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Consultation - A Brief Guide to Assessing Testamentary Capacity

18 March 2022

The BPS Mental Capacity Advisory Group has prepared this draft guidance document which is ready for peer review.

The primary aim of this document is to provide guidance for good practice in carrying out assessments of testamentary capacity.

Testamentary capacity refers to the legal and mental ability to make a will, revoke a will or make a codicil (an alteration and amendment) to a will.

Mental capacity is a legal concept and ultimately a decision on testamentary capacity is for a court of law.

Read the draft testamentary capacity guidance here.

If you wish to make a comment on the draft guidance please use the attached form or put comments directly into an e-mail and send to [email protected] by 10am on 18 April 2022.


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