Wills: Formalities, Due Execution and Testamentary Capacity

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This course is split into two lessons, each with its own quiz and assignment.

The first part of the course explains the formalities and due execution which are required for a Will to be valid. The second part outlines some of the key elements surrounding mental capacity which are required for a Will to be valid.

Both parts of the course include reference to interesting and relevant case law.


  • What is needed for a Will to be valid
  • Formalities
  • What constitutes a valid signature
  • Witnessing a Will
  • Remote signing and witnessing of Wills
  • What is testamentary capacity
  • The Banks v Goodfellow test
  • Burden of Proof


You must mark each section complete in order to successfully complete the course, but you can return to the sections at any point. At the end of each course you will complete a quiz, which can be retaken if you do not reach the pass mark of 80%. For each part of this course you will also be asked to submit a short written assignment. Upon successful completion of the quiz and assignment, you will receive your certificate!

Once enrolled, you can also download and print the full course notes and a one-page reference guide from the materials section. We recommend printing the full course notes before you take the quizzes.

You will still be able to access the courses in full at any time from the My Account section of the website, even after you have completed it.


Kerry Morgan-Gould, Ashfords

Kerry is Head of Trusts and Estates and is a Partner in the Disputed Wills and Trusts Team.
She advises private individuals, charities and trustees in relation to all matters arising out of contentious Wills, Trusts and Estates. In addition, Kerry advises clients in relation to contentious Court of Protection matters.

Barny Croft, Ashfords

Barny is a Senior Associate in Ashfords’ Disputed Wills, Trusts and Estates Team.
Barny represents national charities, trustees, executors and professional referrers on trust disputes and all manner of inheritance related disputes and associated reputation management. He typically advises in respect of the following claims: professional negligence, proprietary estoppel claims, claims for reasonable financial provision, challenges to the validity of Wills, problems relating to Deputyships, Enduring Powers of Attorney, Lasting Powers of Attorney and matters relating to the administration of complex estates.

Please enrol on the course to see materials.