Legal News | 5.09.24

The Golden Rule (for the golden years)

Many of us have ageing parents or relatives who will want to amend their Wills or write new ones in later years.   It can seem like a tiresome, though necessary, task and there are many factors that anyone preparing a Will should take into consideration.

When writing a Will a solicitor must be assured that their client has ‘testamentary capacity’.  Here at Wansbroughs we stand by the ‘Golden Rule’ when it comes to Wills for the elderly or unwell and emphasise the importance of involving a medical practitioner or capacity assessor to ensure that the capacity and understanding of the testator are assessed and documented.  This Golden Rule exists to protect the elderly and vulnerable – and whilst it is not a legal obligation, it is good and standard practice.

It is ironic that Lord Templeman, the judge who first cited The Golden Rule,  failed to follow his own sound advice and had his own Will challenged after his death on the basis that he lacked testamentary capacity; despite being 88 years of age and with some deteriorating health his solicitor, Mr Merrick, did not follow the Golden Rule.

Here at Wansbroughs we will always work to best practice to guide you when preparing a new Will.