At Garratts Solicitors, we regularly advise individuals and families across the local area on Wills and estate planning. In this article, we explain what the Golden Rule is, why it matters, and how it can help give you and your family peace of mind.
What is testamentary capacity?
Before a Will can be valid, the person making it (known as the testator) must have testamentary capacity. This means they must be able to understand and make informed decisions about how their estate will be dealt with after they die.
In England and Wales, testamentary capacity is assessed using principles set out in a long?established legal case, Banks v Goodfellow (1870). In simple terms, this means the testator must:
- Understand what a Will is and that it will take effect after their death
- Have a general understanding of their estate, such as property, savings and investments
- Be able to consider who should benefit, including close family members and anyone they may owe a moral obligation to
- Not be affected by a mental disorder or delusion that influences the decisions they are making
These principles remain central to Wills law today.
The Golden Rule explained
The Golden Rule is a best?practice guideline for solicitors, introduced following the case of Kenward v Adams (1975). It states that:
Where a testator is elderly, seriously ill, or where there may be doubts about mental capacity, the solicitor should arrange for a medical professional to assess and confirm capacity at the time the Will is made.
Although the Golden Rule is not a strict legal requirement, it is widely regarded as an important protective step. If a Will is ever challenged after death, evidence that capacity was assessed by a doctor at the time of signing can be extremely valuable.
Why is the Golden Rule so important?
Protecting your wishes
If you decide to make changes to your Will later in life – particularly if those changes may surprise family members – the Golden Rule helps show that your decisions were made freely and with full understanding. This ensures that your true intentions are respected.
Reducing the risk of family disputes
Sadly, disputes over Wills are not uncommon, especially where capacity is questioned. A professional medical assessment carried out when the Will is signed provides strong reassurance and reduces the likelihood of disagreements escalating into legal action.
Ensuring the Will is legally valid
If a court finds that someone lacked testamentary capacity when they made their Will, the document can be declared invalid. This may mean the estate is distributed under intestacy rules instead – often with results the person would never have wanted. Following the Golden Rule helps prevent this outcome.
Supporting good legal practice
Solicitors have a professional duty to consider capacity carefully. At Garratts, we take this responsibility seriously. Applying the Golden Rule helps protect our clients, their families, and the integrity of the estate planning process.
When should the Golden Rule be applied?
The Golden Rule is particularly relevant in situations such as:
- Older or vulnerable individuals, where age?related memory issues may be present
- Medical diagnoses such as dementia, Alzheimer’s disease, or other neurological conditions
- Major or unusual changes to a Will, such as excluding close relatives or including new beneficiaries
- Concerns about undue influence, where someone may be under pressure from another person
In these circumstances, arranging a medical assessment can provide welcome clarity and reassurance for everyone involved.
Working with medical professionals
When the Golden Rule is applied, solicitors may work alongside a GP, consultant, or other suitably qualified healthcare professional. The doctor will assess whether the individual understands the decisions they are making and their consequences.
Where appropriate, the medical professional may also act as a witness to the Will, adding a further layer of security should the Will ever be questioned.
A real?world reminder of the Golden Rule
Even highly intelligent and experienced individuals are not immune to issues around capacity. A well?known example involved Lord Templeman, a former Law Lord who helped shape the Golden Rule itself. Despite early signs of dementia, he made a Will without medical assessment, which was later challenged by his family.
The case serves as a powerful reminder that the Golden Rule exists to protect everyone – and that seeking medical confirmation is a sensible step, not a sign of doubt or mistrust
How Garratts Solicitors can help
At Garratts Solicitors, we understand that making a Will is about more than legal documents – it’s about protecting your family and giving you peace of mind. Our experienced local team takes time to:
- Explain everything clearly and without jargon
- Make careful, sensitive assessments of capacity
- Apply the Golden Rule where appropriate
- Ensure your Will reflects your wishes and stands up to scrutiny
Whether you are making your first Will, updating an existing one, or supporting an elderly relative, we are here to guide you with professionalism and care
Speak to a trusted local solicitor
If you have any concerns about mental capacity, changes to a Will, or future disputes, early advice can make all the difference.
Contact Garratts Solicitors today to arrange a confidential discussion and ensure your wishes – and your family’s future – are protected.
