To make a valid Will you (the Testator) must:
Where there are concerns that a Testator:
the Will should be witnessed by a qualified and practising medical practitioner. The medical practitioner should also sign a written opinion that the Testator has mental capacity. In making this assessment, it is common for a medical practitioner to carry out a Mini-Mental State Examination of the Testator. This examination is used by healthcare practitioners to check for cognitive impairment.
Where it is not practical to obtain a medical certificate, the lawyer drafting the Will can ask questions of the Testator designed to test their mental capacity.