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Last modified: 29/01/2011

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It's in the Wizard
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Mental capacity

The state of a person's cognitive function. In legal terms, particularly significant in matters of wills and lasting powers of attorney.

Video: How to tell if a will is valid

It is a requirement for a person making a will to have the requisite level of mental capacity.

A different (though broadly similar) set of mental capacity rules apply to people making lasting powers of attorney

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