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Understanding Testamentary Capacity for Wills in Bermuda Dunes
In Bermuda Dunes, California, testamentary capacity is the legal standard determining whether a person can validly make or change a will. This introduction explains why clear mental ability at the time of executing a will is necessary to honor a testator’s intentions and prevent future disputes among heirs. Whether you are preparing a new will or reviewing an existing one, understanding the core components of capacity such as awareness of property, recognition of beneficiaries, and comprehension of consequences can help protect your estate planning goals and reduce the risk of later challenges during probate.
This guide reviews how California law treats testamentary capacity and what residents of Bermuda Dunes should expect when creating a will. It summarizes practical steps to document the testator’s decision-making ability, common legal concerns that arise when capacity is questioned, and ways to reduce the likelihood of a successful will contest. By learning these basics, individuals can plan proactively, maintain clear records, and work with legal counsel to ensure that their wishes are more likely to be upheld after their passing and that families are spared unnecessary conflict and expense.
Why Testamentary Capacity Matters to Your Will
Assuring testamentary capacity safeguards the validity of a will and protects the testator’s intentions from being overturned. In Bermuda Dunes, confirming capacity helps prevent delays in probate, reduces legal costs related to contested estates, and fosters clarity for beneficiaries. Proper documentation of mental state and the decision-making process can provide persuasive evidence in court if a challenge arises. For families, this reduces uncertainty and emotional strain by creating a clear record that the will reflects the testator’s wishes. A thoughtful approach to documenting capacity contributes to orderly administration and confidence that assets will pass according to plan.
About LA Estate Plans and Our Local Service
LA Estate Plans serves Riverside County including Bermuda Dunes, offering focused legal services in wills, trusts, and probate. The firm assists clients with assessing testamentary capacity, preparing clear wills, and documenting the decision-making process to withstand potential disputes. Emphasis is placed on patient communication, detailed document preparation, and practical recommendations tailored to each client’s family situation and asset structure. Clients receive guidance across the planning lifecycle, from initial consultations to safe storage of executed documents, helping residents protect their intentions and provide clarity for loved ones after a death occurs.
Understanding Testamentary Capacity Under California Law
Testamentary capacity is a legal determination about a person’s ability to knowingly and intentionally create or modify a will. Under California law, the testator must understand the nature and extent of their property, the people who might reasonably expect to inherit, and the effect of signing the will. Courts review the testator’s mental condition at the time of execution, not before or after, and may consider medical records, witness statements, and other evidence. Clear documentation and deliberate drafting help demonstrate that the testator made informed choices without confusion or improper pressure.
When a will is challenged in Bermuda Dunes, the court evaluates whether the testator had sufficient mental clarity to form testamentary intent. Legal counsel can help structure the will-signing process to reduce ambiguity, recommend medical assessments when appropriate, and advise on witness selection and recordkeeping. These measures are especially valuable in situations where the testator’s capacity could be questioned due to age, illness, or family conflict. The objective is to create a reliable record that supports the will’s validity and minimizes the chance of successful litigation.
Defining Testamentary Capacity in Plain Terms
Testamentary capacity refers to the mental ability to understand and make decisions about a will. A person with capacity recognizes their property, knows likely beneficiaries, and comprehends how their choices will affect distribution of assets after death. The legal standard focuses on the testator’s understanding at the moment the will is signed. It does not require perfect memory or total absence of medical conditions, only sufficient clarity to appreciate the nature and consequences of the testamentary act. Clear explanations and documentation at signing help protect the testator’s intentions from future disputes.
Core Elements and Typical Procedures
Evaluating testamentary capacity generally involves confirming that the testator understands the extent of their property, recognizes potential beneficiaries, and appreciates the effects of a will. The process often includes an interview by counsel, witness observations during signing, and when appropriate, contemporaneous medical notes or assessments. In more complex cases, a clinician’s evaluation or detailed written statements may be recommended to provide an objective record. Following careful procedures for document drafting, witnessing, and storing the will reduces the chance of successful challenges and helps ensure the testator’s wishes are carried out.
Key Terms and Definitions Related to Testamentary Capacity
Familiarity with commonly used terms clarifies the will-making process and the legal standards applied if capacity is questioned. Terms such as testator, undue influence, capacity, and will contest each have specific meanings that affect how courts review wills and how attorneys advise clients. Understanding these definitions helps individuals and families anticipate potential issues, communicate clearly during estate planning, and create documentation that supports a reliable process. Clear terminology also aids in preparing witnesses and medical professionals to provide useful records when needed.
Testator
A testator is the person who creates, updates, or revokes a will to direct distribution of their assets after death. The testator’s mental state at the time of executing the document is central to determining whether the will is valid. Evidence of the testator’s intentions, communication of wishes, and the signing process all contribute to establishing legitimacy. Advice from legal counsel and careful recordkeeping during drafting and signing help demonstrate that the document truly reflects the testator’s voluntary choices and understanding of the consequences.
Will Contest
A will contest is a legal challenge raised during probate that questions the validity of a will, often based on claims of lack of capacity, undue influence, or improper execution. Contest proceedings can delay distribution of assets and increase costs for the estate and beneficiaries. Courts review evidence about the testator’s mental state at signing, witness testimony, and any documentary or medical records. Having clear, contemporaneous records and following proper signing procedures can diminish the likelihood of a successful contest and support a more efficient probate process.
Undue Influence
Undue influence refers to excessive pressure or manipulation that effectively overrides a testator’s free will and causes them to make testamentary choices they would not otherwise make. Claims of undue influence often arise among family members or caregivers when a will significantly changes expected distributions. To guard against such claims, it is helpful to document independent decision-making, involve neutral witnesses, and maintain medical or professional records that reflect the testator’s capacity and voluntary intent at the time of signing.
Capacity
Capacity in the testamentary context is the mental ability to understand the nature of a will, the extent of one’s property, and the identity of likely beneficiaries. The legal focus is on whether the testator understood these elements at the time of signing. Capacity can be influenced by illness, medication, or temporary impairment, and may be supported by medical records or professional observations. Proper planning and contemporaneous notes help establish a reliable record of the testator’s mental state to reduce the risk of later disputes.
Comparing Limited Reviews and Full Estate Planning
When addressing testamentary capacity, clients can choose a targeted review focused on capacity verification or opt for comprehensive estate planning that anticipates potential disputes. Limited reviews are efficient when medical records clearly show mental competence and the estate is simple. Broader planning is advisable for complex assets, blended families, or situations with possible family conflict because it provides more extensive documentation, tailored documents, and strategies to minimize litigation risk. Understanding these options allows clients in Bermuda Dunes to select the appropriate level of legal support for their circumstances.
When a Focused Review May Be Appropriate:
Clear Medical Documentation Supports Capacity
A limited legal review can suffice when recent medical records or evaluations clearly show the testator had sufficient mental clarity at the time of signing. When documentation indicates sound decision-making and no signs of cognitive impairment, counsel can prepare straightforward will documents and complete standard witnessing procedures. This approach reduces time and expense while still producing a valid will. It remains important to preserve the underlying medical notes and any statements that establish the testator’s intentions so the record can be produced if needed during probate.
Simple Estates with Clear Beneficiaries
When an estate consists of a limited number of assets and beneficiaries are obvious, a streamlined review focused on capacity verification and proper execution often meets planning needs. Counsel can ensure the will language is clear, the signing follows California formalities, and witnesses observe the signing. This is an efficient solution that balances protection with cost control. Even for simple estates, maintaining records of discussions about intent and documentation of the signing process enhances the will’s resilience against later questions about capacity.
When a Full Estate Planning Review Is Advisable:
Complex Family Situations Require Detailed Planning
Blended families, children from prior relationships, and potential conflicts between heirs make thorough planning more important. A comprehensive review allows for tailored documents that address family dynamics, create clear distribution plans, and include supporting statements that reflect the testator’s reasons and intentions. This greater level of detail can discourage disputes by providing context and demonstrating deliberation. Legal counsel may recommend additional documentation, independent witnesses, or contemporaneous declarations to strengthen the will’s validity under scrutiny.
Large or Diverse Assets Benefit from Detailed Planning
When an estate includes multiple asset types, business interests, or significant holdings, comprehensive planning ensures each asset is addressed with appropriate provisions and backup mechanisms. Detailed estate plans map transfers, name fiduciaries, and reduce ambiguity that could cause disputes or administrative delays. Establishing clear records of the testator’s decisions and the reasons behind asset allocations also helps demonstrate capacity and intent. Thoughtful, complete documents improve the likelihood that the estate will be administered smoothly and according to the testator’s wishes.
Benefits of Taking a Thorough Planning Approach
A comprehensive approach to testamentary capacity and will drafting reduces the risk of will contests by creating supportive documentation and carefully considered provisions. This can save beneficiaries time and money in probate and lower the chance of contentious litigation. By addressing potential issues in advance, the testator helps family members understand their intentions and the reasons for particular distributions, which can ease disagreements. Detailed planning also ensures consistent treatment of assets and appointments of fiduciaries who will carry out the testator’s wishes responsibly.
Comprehensive planning improves clarity about asset distribution, provides contingencies for unforeseen events, and sets out directions for fiduciaries who will manage the estate. Having explicit provisions for specific assets, a succession plan for business interests, and instructions for guardianship or care of dependents reduces ambiguity and protects the estate’s value. Undertaking these measures creates a stronger record of deliberation and informed decision-making at the time the will was executed, which is a significant deterrent to successful challenges during probate proceedings.
Reduced Risk of Successful Contests
Thorough documentation, clear explanations of the testator’s intentions, and adherence to formal signing procedures together make it less likely that a will will be overturned. When family members understand the rationale behind decisions and there are supporting medical or witness notes confirming capacity, courts are less prone to set aside the document. This approach preserves the estate for beneficiaries and prevents the expense and delay that often accompany contested probate litigation. Clarity and recordkeeping are powerful deterrents against disputes.
Clear Asset Management and Distribution
Comprehensive planning ensures that assets are identified, categorized, and distributed in a manner that minimizes administrative complexity after death. Detailed provisions and supporting documentation help executors follow the testator’s wishes with confidence and reduce the potential for misinterpretation. This clarity benefits beneficiaries by streamlining probate, lowering administrative expenses, and helping to preserve estate value. Comprehensive plans can also include practical steps for document storage and instructions that aid executors and families through the probate process.
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Practical Tips for Protecting Testamentary Capacity
Keep Thorough Medical Records
Maintaining up-to-date medical records can be a vital component of documenting mental clarity when executing a will. Records that reflect cognitive evaluations, diagnoses, or routine medical observations provide objective context about the testator’s condition at relevant times. When possible, request summaries or notes that note decision-making capacity and capacity to consent. These records, together with lawyer notes and witness observations, create a stronger, contemporaneous record which may be useful if the will’s validity is questioned during probate proceedings.
Discuss Intentions with Family
Use Legal Guidance for Drafting
Working with counsel to prepare and review a will ensures that the document meets California formalities and addresses potential capacity concerns. Legal guidance can suggest appropriate witnesses, recommend when a medical assessment may be helpful, and prepare supporting documents that explain the testator’s decisions. This reduces ambiguity and helps produce a durable record of intent. Legal review also helps ensure the will is drafted to address possible issues unique to the estate, such as business interests or blended family arrangements.
Why You Should Consider Testamentary Capacity Review
Examining testamentary capacity before executing or revising a will reduces the risk of future challenges and helps protect the estate for intended beneficiaries. Having clear documentation of the testator’s understanding and intentions makes probate smoother and provides reassurance to family members that the document reflects genuine choices. This preventive step is particularly relevant when health, age, or family dynamics raise questions about decision-making ability, ensuring that assets pass in accordance with the testator’s wishes and reducing the burden on survivors during a difficult time.
Reviewing capacity as part of estate planning also allows for proactive measures such as medical evaluations, detailed witness statements, and drafting that anticipates potential disputes. These actions strengthen the legal standing of the will and provide a clearer path for executors and beneficiaries. In the event of complex assets or close family relationships, a capacity review can identify areas needing clarification and recommend tailored provisions that mitigate uncertainty. Taking these steps preserves estate value and guides families through the administration process with less friction.
Common Situations That Often Require Capacity Assessment
Capacity assessments are commonly needed when aging, illness, or sudden changes in mental condition may affect decision-making, or when family relationships suggest a risk of contested wills. Other triggers include substantial changes in asset ownership, additions of new beneficiaries, or late-life revisions to estate plans. In such circumstances, documenting the testator’s mental state and reasons for changes helps protect the will’s validity. Professional guidance and appropriate documentation are particularly important when circumstances create a plausible basis for challenge during probate.
Advanced Age or Cognitive Concerns
When individuals reach advanced age or face cognitive decline, assessing testamentary capacity becomes an important consideration. Updating estate documents during periods of clear decision-making and preserving records of mental state at the time of signing helps prevent successful challenges later. Medical evaluations, witness observations, and careful documentation of the testator’s expressed intentions together create a robust record that courts can consider if the will’s validity is questioned after the testator’s death.
Family Disputes or Surprising Changes
Significant changes to an estate plan that produce surprising outcomes for expected heirs can prompt disputes and may lead to will contests. When a will departs from prior expectations, careful documentation of the testator’s reasons and mental state at signing is valuable. Clear explanations, witness confirmation, and, when appropriate, medical input help demonstrate that changes were voluntary and well understood, thereby reducing the probability of successful legal challenges by family members.
Complex or Valuable Estates
Large estates or holdings with complex structures such as business interests, real property across jurisdictions, or multiple beneficiaries often require more thorough capacity review as part of comprehensive planning. Detailed documentation of decisions and clear drafting of distribution mechanisms reduce administrative burdens and conflicts during probate. Legal counsel can help ensure that the will addresses each asset type properly and that evidence exists to support the testator’s capacity at the time of execution.
We Are Here to Assist Bermuda Dunes Residents
Why Choose LA Estate Plans for Testamentary Capacity Matters
Choosing LA Estate Plans connects you with a team that focuses on wills, trusts, and probate matters across Riverside County, including Bermuda Dunes. The firm guides clients through documenting testamentary capacity, preparing compliant wills, and advising on best practices for signing and storing documents. Emphasis is placed on clear communication, thoughtful planning, and producing records that support the testator’s intentions. This approach helps families avoid unnecessary conflict and ensures that estate administration proceeds more smoothly when the time comes.
The firm’s procedures include detailed consultations to understand family dynamics and asset composition, recommendations for appropriate documentation, and careful preparation of will language to reflect the testator’s wishes. Where relevant, counsel suggests medical evaluations or independent statements to strengthen the record of capacity. These steps are designed to reduce ambiguity and create a robust foundation for probate, minimizing the likelihood of contested proceedings and promoting efficient distribution of assets to intended beneficiaries.
Clients receive guidance through every phase from initial planning to safe execution and storage of their documents. The firm advises on witness selection, signing protocols under California law, and secure storage options so that wills remain accessible and protected. For those with complex estates or sensitive family situations, comprehensive planning options are available to create a tailored approach that balances clarity, protection, and administrative ease for those who will serve as executors and beneficiaries.
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Our Process for Confirming Testamentary Capacity
The process at LA Estate Plans begins with a detailed intake and review of existing documents and medical records. Counsel then discusses the client’s intentions, family situation, and assets to determine the appropriate level of documentation and drafting needed. Where indicated, the firm recommends steps to establish contemporaneous records that reflect the testator’s understanding. Final steps include preparing the will, coordinating witnessing and signing in accordance with California law, and providing guidance on secure storage and distribution of the original documents.
Initial Consultation and Intake
During the initial consultation, the attorney gathers information about the client’s family, assets, and prior estate documents, and discusses any concerns about capacity or potential disputes. This meeting helps identify whether a limited review or a more comprehensive planning process is appropriate. The intake includes reviewing medical history and deciding if additional documentation or evaluations would strengthen the record. Clear communication at this stage lays the groundwork for an effective and tailored planning strategy.
Discussing Goals and Family Context
This part of the process involves listening to the client’s wishes, identifying beneficiaries and potential conflicts, and understanding the client’s priorities for asset distribution and guardianship if relevant. Counsel documents these conversations to capture the testator’s intent and reasons for specific choices. Such records can be useful later to show that changes were deliberate and voluntary, helping to establish the mental state and intent behind the will.
Reviewing Medical and Documentary Records
Reviewing medical records, prior legal documents, and any existing statements helps counsel assess whether additional documentation of capacity is advisable. This review enables informed recommendations about the need for clinical evaluations or witness statements. Thorough review also identifies discrepancies or issues that should be addressed in new documents, ensuring that the final will is clear and defensible should questions about capacity or undue influence later arise.
Drafting and Document Preparation
Once the planning level is determined, counsel prepares the will and any supplemental documents tailored to the client’s needs. Drafting focuses on precise language to express asset distributions, fiduciary appointments, and contingencies. Supporting documentation such as a memorandum of intent or a declaration of capacity may be prepared to provide context for the testator’s decisions. The drafting phase aims to reduce ambiguity and ensure the will complies with California execution requirements for lasting legal effect.
Preparing the Will and Related Papers
The will is drafted with clear provisions addressing primary and contingent distributions, selection of an executor, and any special directions for property or care of dependents. Counsel may also prepare additional documents such as powers of attorney or advance health care directives to create a coordinated estate plan. These related papers contribute to a cohesive plan that addresses both asset distribution and health or financial decision-making in the event of incapacity.
Creating Supporting Statements and Records
When appropriate, counsel prepares supporting statements that summarize the testator’s intent and document the decision-making process. These records can include notes about conversations, confirmation of understanding, and explanations for significant choices. Such materials, while not always legally required, provide persuasive context for courts and beneficiaries should the will be contested, and help demonstrate that the testator acted knowingly and voluntarily when making changes to their estate plan.
Execution, Witnessing, and Safe Storage
The final stage focuses on proper execution in compliance with California law, including suitable witnessing and, if desired, notarization of a self-proving affidavit to streamline probate. Counsel coordinates signing to ensure formalities are observed and witnesses can attest to the testator’s apparent understanding at the time. After execution, the firm provides recommendations for secure storage and recordkeeping so that the original will is preserved and accessible when needed, reducing the risk of loss or dispute over custody of the document.
Coordinating Witnesses and Signing
Coordinating reliable witnesses and following formal signing procedures are important steps to strengthen a will’s enforceability. Witnesses observe the testator sign the document and may later testify about the circumstances if necessary. Counsel ensures that the signing environment is appropriate and documents any observations that support the testator’s clarity and voluntariness. Proper execution practices reduce technical challenges and contribute to a smoother probate experience for survivors.
Advice on Storage and Access to Documents
Advising clients on where to store the original will and how to provide access for executors is an essential final step. Secure options include safes, bank safe deposit boxes, or firm custody with clear instructions for retrieval. Counsel also recommends notifying trusted individuals of the will’s location and maintaining copies for reference. Proper storage prevents loss, helps avoid disputes over document custody, and ensures that executors can promptly begin administering the estate according to the testator’s directions.
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Frequently Asked Questions About Testamentary Capacity
What is testamentary capacity and why does it matter?
Testamentary capacity refers to a person’s mental ability to understand the nature and effects of making or changing a will. In California the testator must be aware of the extent of their property, the identity of likely beneficiaries, and the consequences of the testamentary act at the time the will is signed. Courts look at the testator’s state of mind at that moment, so proper documenting of the signing and related discussions can be influential in later proceedings. Because capacity focuses on the moment of execution, it matters greatly for protecting the testator’s wishes and minimizing the potential for disputes in probate. Having clear records, reliable witnesses, and legal drafting that reflects the testator’s deliberate choices makes it harder for a challenge to succeed. These steps provide assurance that the will accomplishes the testator’s intent and that beneficiaries receive their inheritance without unnecessary delay.
How is capacity assessed when a will is signed?
Assessing capacity typically involves reviewing medical records, witness observations, and the circumstances surrounding the signing of the will. Attorneys often interview the testator and document answers about assets and intended beneficiaries to create a contemporaneous record. Witnesses who observe the signing may provide statements about the testator’s appearance and behavior, and in some situations a clinician’s notes or evaluation can add objective support. The combined evidence helps establish whether the testator understood the nature of their estate and the implications of the will. Because courts focus on mental state at signing, careful preparation and documentation at that time are essential. Clear, detailed records make it easier to demonstrate that decisions were deliberate and informed, which improves the will’s durability against challenges.
Can a will be contested on the basis of lack of capacity?
Yes, a will can be contested on the basis that the testator lacked capacity when it was created. Challenges often arise during probate when heirs or interested parties believe the testator did not understand their property, beneficiaries, or the effect of the will. Contesting parties typically offer evidence such as medical histories, witness testimony, or inconsistent wills to support their claims. To defend against such contests, creating a careful signing record, obtaining witness statements, and preserving medical documentation can be effective. A well-documented process that shows the testator’s clear intent and understanding at the time of execution makes it more difficult for a contest to succeed and helps ensure the estate is distributed according to the testator’s wishes.
What happens if a court finds someone lacked capacity when they signed a will?
If a court finds that the testator lacked testamentary capacity when signing a particular will, that will may be declared invalid. The estate then may be distributed according to an earlier valid will or, if none exists, according to California’s intestacy rules. This outcome can produce results the testator did not intend and can lead to disputes and delays as the probate process resolves who is entitled to inherit. Because of these risks, it is wise to document capacity and consider additional steps when circumstances suggest a potential challenge. Maintaining records, using reliable witnesses, and preserving medical documentation are measures that can reduce the chance of a finding that undermines the testator’s intended distribution plan.
How can I make sure my will will stand up to a challenge?
To increase the likelihood that a will will withstand a challenge, maintain clear documentation of the testator’s decision-making process and follow proper execution procedures. This includes discussing intentions in a documented meeting, ensuring witnesses observe the signing, and retaining copies of relevant medical records or statements that reflect the testator’s understanding. An attorney can also prepare supporting materials that explain the reasons behind significant decisions. In some cases, preparing a self-proving affidavit at the time of signing speeds probate and reduces witness testimony needs. While no method guarantees absolute protection, combining careful drafting, thoughtful documentation, and safe storage of original documents strengthens the will’s legal position and reduces the chance of successful contests in probate court.
Does age alone determine testamentary capacity?
Age by itself does not determine testamentary capacity. Many older adults have the mental clarity needed to make valid wills. The legal inquiry focuses on the person’s mental state at the time the will is executed, not on age alone. Cognitive decline associated with aging can affect capacity, but each case is judged on its individual facts and evidence about mental clarity. Because changes in capacity can occur over time, it is often prudent for older individuals to update estate plans during periods of clear decision-making and to document their understanding. Well-timed evaluations and contemporaneous records help establish capacity and protect the validity of the will regardless of the testator’s age.
What role do witnesses play in verifying capacity?
Witnesses play an important role in the formal execution of a will by observing the signing process and later attesting to the circumstances under which the document was signed. Their testimony can corroborate that the testator appeared to understand the nature of the document at the time of signing. While witness observations are not a substitute for medical evaluations, they provide helpful contemporaneous evidence of the testator’s demeanor and awareness. Carefully selected witnesses who are not beneficiaries and who observe the entire signing process strengthen the record supporting the will. Their accounts can be influential if questions arise in probate, making it important to follow California’s witnessing rules and to document the signing environment clearly.
Can testamentary capacity change over time?
Testamentary capacity can fluctuate, particularly for individuals with certain medical conditions that affect cognition. Legally, what matters most is the testator’s mental state at the moment of executing the will. Because capacity may vary, it is advisable to plan or update wills during periods of clear decision-making and to document the testator’s mental condition and reasons for choices at that time. If capacity is a concern due to intermittent impairment, additional steps such as obtaining medical notes or scheduling a documented signing when the testator is most lucid can be helpful. These practices create a clearer record that can support the will’s validity if the matter is later reviewed by the court.
Is a medical evaluation always required to prove capacity?
A medical evaluation is not always required to prove testamentary capacity, but it can be a valuable tool when capacity might be questioned. In straightforward situations where the testator is clearly composed and decisions are consistent, legal documentation and witness statements may suffice. When health issues or cognitive concerns exist, a clinician’s assessment provides objective evidence of the testator’s mental state at or near the time of signing. Legal counsel can advise whether a medical evaluation is recommended based on the testator’s health history and family dynamics. Combining clinical notes with attorney documentation and witness observations creates a stronger record that can deter contests or assist in defending the will if challenged during probate.
What steps should families take when a loved one’s capacity is in question?
When a family suspects a loved one’s capacity is diminished, it is important to act with care and respect. Begin by discussing concerns with the individual and their healthcare provider, and consider a thorough review of existing estate documents. Engaging counsel to advise on appropriate steps and to coordinate any needed assessments can help protect both the individual’s interests and the family’s legal position. If documents have been recently changed and questions arise, preserving evidence such as medical records, witness names, and notes about the signing can be helpful. Families should avoid pressuring the person making decisions and should seek neutral evaluation when capacity is uncertain. Thoughtful documentation and professional guidance reduce conflict and help ensure that the person’s wishes are carried out where possible.