Wills & Mental Capacity
To create a valid Will, a person must have sound mental capacity. If you are concerned a loved one’s mind, memory or understanding was significantly compromised when they wrote their last Will then you may be able to challenge it.
While conditions like Alzheimer’s and dementia can be an indication of compromised capacity, it is often a difficult thing to judge.
In the context of making a Will capacity is defined as mind, memory and understanding that is sound enough to allow a person to:
- Recollect the assets they own,
- Understand the process of giving property away through a Will,
- Comprehend that other people, particularly close family members, may be able to bring a claim on this property even if it’s not left to them in the Will
If you suspect that a loved one was not functioning in these ways at the time of writing their Will our contentious probate specialists can help you contest it.
Any solicitor who helps prepare a Will has a duty to check a person has the capacity to make a Will and a failure to do so may open up the possibility of a professional negligence claim.
Anyone involved in an Estate where someone is challenging the validity of a Will can call a member of our experienced team for a free consultation.