Blog
Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
13 February 2025
Capacity to make a Will (“Testamentary Capacity”)
For a Will to be valid, amongst other things, the person making the Will (known as the “testator”) must be of “sound mind”.
13 February 2025
Capacity to marry and make a prenuptial agreement
The test for capacity to enter a prenuptial agreement is the same as the normal test for capacity (mentioned in Blog 1) and the individual must be capable of understanding their assets and the nature and effects of the contract they are entering into.
13 February 2025
Capacity to act as an executor
An executor/executrix is a person named in a Will who is responsible for carrying out the instructions in a person's Will and administering their estate. Executors can have a number of responsibilities following someone’s death, including: securing, insuring and clearing the deceased’s property, collecting in all the deceased’s assets, paying outstanding bills, distributing the estate, arranging the funeral and applying for probate.
13 February 2025
Capacity to act as a trustee
When a trust is created, the person setting-up the trust (known as the “settlor”) usually appoints trustees who become the legal owners of the assets in the trust, which they hold for the benefit of others (known as the “beneficiaries”). For example, when a person dies, a trustee may distribute capital and income from the deceased’s assets that are held in a Will trust, to the people named as beneficiaries in the deceased’s Will.
13 February 2025
Capacity to litigate
Capacity to litigate involves an adult who is a party (or intended party) to proceedings in court.