By Nicholas Kyriakoudes and Peter Bahlmann Preparing your own will may seem appealing and cost effective, but there are significant risks with will kits and ‘home-made’ wills. The importance of having a lawyer test capacity For any testamentary document to have effect, the testator (or willmaker) must have legal capacity when executing the document. The classic test for capacity was outlined in the case of Banks v Goodfellow 1870. That case stipulates that, at the time the will is made, the testator must : understand what a will is for; understand what property they own; be able to remember all [...]