Caring for aged loved ones often imposes a heavy burdens on friends and family. The burden increases significantly if the loved one becomes mentally incapacitated.
Challenges concerning testamentary capacity have been a common issue arising before the courts. The Court of Final Appeal has recently provided guidance on testamentary capacity in a case concerning an estate matter.
Most people plan their succession properly. However, they do not envision the possibility of them ever becoming mentally incapacitated.