Your will could be invalid if the golden rule is not followed.
The law says that if you are “elderly” or if you have “been seriously unwell” should have their will witnessed by a medical professional who should make a record of your ability to complete your will on your medical record.
Sounds like common sense, but:
It’s an incredibly wide net. “Unwell”? “Elderly”?
Also Doctors, nurses and other medics are increasingly reluctant to witness wills. A professional assessor can charge over a thousand pounds.
So what does that mean for the law?
Well. You’re still “damned if you don’t” and judges have thrown wills out citing failure to follow the golden rule.
So what should you do if you can’t afford or can’t book a capacity assessor?
Get as much evidence as you can of your capacity to make the decision to write your will. Get a video snapshot with evidence for example through Capacity Vault.
If you make your will face to face, make sure your estate planner has eveything they need in their notes too.
When it comes to proof of capacity: more is more. Make sure your wishes are protected.
