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  • For an elderly person, making a Will can be difficult to understand  so it is imperative that whatever they are about to do  is very clearly explained. For a solicitor providing this service, a high duty of care is expected.

    The instructions  for the Will must be taken from the person making the Will. The solicitor will meet this person to take his instructions directly  and to be satisfied that his elderly client understands the process.

    It is critically important that the provisions  of the Will  emanate  from the client/ testator himself and not family members, a friend, or a carer.  While these people may have the best of intentions, the solicitor must be satisfied that his elderly client understands and agrees to what is  actually provided for in the Will.

    There is  always a risk of Undue Influence coming in to play which the solicitor will be on guard for. This can  easily arise where the  testator, due to age, illness, deafness, or frailty relies  too much on third parties to communicate  his/her wishes.

    The law requires that those making a Will must be of ‘Sound Mind’ before they execute the document.

    In cases where the elderly client/ testator  is ill and or is in hospital or a nursing home, the opinion of a doctor may be required to ensure  that the elderly client  understands the entire  process.

    For elderly persons who wish to  make a Will,  consultation with a solicitor is really important to ensure the will is  validly made and that all its provisions accurately reflect the wishes of the client / testament and him alone.