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  6. What should I do if I have concerns about my client's capacity to make a will?

What should I do if I have concerns about my client's capacity to make a will?

My client wants to make a will. I have concerns about her mental capacity and she has agreed that I can consult her doctor. Is there a precedent letter available for this purpose?

Yes. A precedent letter setting out the test for capacity to make a will is contained in the joint Law Society and British Medical Association publication, Assessment of Mental Capacity: A Practical Guide for Doctors and Lawyers (4th Edition), which is available from the Law Society’s online bookshop.

The precedent letter can also be obtained by using our library's Lawdocs service.

Disclaimer: While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.

Have you got a practice question? Call the Practice Advice Service on 020 7320 5675 or email practiceadvice@lawsociety.org.uk

The Practice Advice Service is staffed Monday to Friday from 9am to 5pm.

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