Testamentary capacity is an essential element when it comes to will-making. A Will can be declared invalid if the will maker didn’t have the necessary capacity to make a testamentary document.
That being said, a person’s Last Will and Testament can be valid despite the presence of cognitive deterioration or memory issues. Despite commonly held assumptions, a diagnosis of dementia or Alzheimer's doesn’t automatically mean a person can’t make a valid Will. https://onyxlaw.ca/estates-and-trusts-law/vancouver-estate-litigation-lawyer/validity-of-a-will-or-trust/
The issue of mental capacity is complex. There are estate planning strategies https://onyxlaw.ca/estates-and-trusts-law/vancouver-estate-planning-lawyers/ that can be used to mitigate capacity concerns when a Will is made. There are also options for surviving family members who suspect that a Will was made without necessary testamentary capacity. https://onyxlaw.ca/estates-and-trusts-law/vancouver-estate-litigation-lawyer/will-disputes/ Let’s have a deeper look at the issue of mental capacity to make a Will in British Columbia.