Leading Professional Contributors
Adam Carvalho, Farrer & Co

Questions of Capacity

How do you know if someone has capacity to take legal steps - is there not just one test? The answer to this (frequently asked) question is "no" as the applicable tests are decision specific. This note summarises, by reference to recent cases, the tests for five important personal legal steps - marrying, making a will, creating an LPA, managing one's affairs and conducting litigation.

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