Who can make a will?

To write and execute a valid Will, a person must have “testamentary capacity”. This is a technical legal term, but a person with testamentary capacity might otherwise be referred to as “being of sound mind”.


In the context of writing a Will, it broadly means you understand that you are making a Will, the value, nature and extent of your estate, and who will benefit from its provisions.


You must be over 18 years of age to write a valid Will in England or Wales (except for certain members of our armed forces where the age restriction is lower).

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