One of the main areas of estate litigation continues to involve issues surrounding individuals with diminished capacity. This paper looks at those issues and offers details on the different tests for different legal purposes, potential issues relating to varied capacities, the standard of capacity for wills, medical evidence of testamentary capacity and the solicitor’s role and responsibilities when dealing with capacity issues.

This paper is part of a collection presented at LESA’s Law and Practice Update program in November, 2014.