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.

Brighton office

Tel 01273 775533

Eastbourne office

Tel 01323 730543

East Grinstead office

Tel 01342 310600

Forest Row office

Tel 01342 822112

Lewes office

Tel 01273 477071

Seaford office

Tel 01323 891412

Pulborough office

Tel 01798 875358

Storrington office

Tel 01903 743201

Gatwick office

Tel 0800 84 94 101

Primary Contact

Barry  Davis
Barry Davis

Partner

T | 01323 744412
E | email