Another common myth is the assumption that anyone who has been diagnosed with a cognitive disorder lacks the capacity to make a will. This perspective overlooks the nuance within cognitive conditions, which can vary significantly in their impact on an individual's reasoning and decision-making abilities. Legal systems recognise that individuals may still possess the capacity to execute a will, even if they face cognitive challenges, provided they can demonstrate the requisite understanding and intent at the time of making the will.Clarifying Myths and Facts

Testamentary capacity often evokes various myths that can lead to misunderstanding. One prevalent misconception is that any individual who is over the age of eighteen automatically possesses the mental capability to create a valid will. In reality, mere age does not guarantee capacity. A person must not only understand the nature of their actions but also comprehend the extent of their estate and the beneficiaries involved. This understanding can fluctuate due to various factors, which means age alone is an insufficient measure for assessing capacity.

Another common belief suggests that individuals diagnosed with a cognitive impairment, such as dementia, are universally incapable of making a will. While cognitive decline can influence one's capacity, it does not render everyone unfit to make testamentary decisions. Many individuals with moderate forms of cognitive impairment can demonstrate sufficient understanding during specific episodes. Legal assessments in such situations focus on the individual's ability to grasp the essential elements of their will at the time of its creation, rather than relying solely on a diagnosis.Case Studies of Testamentary Disputes