Lack of mental capacity - Will challenge

Challenging a Will on the grounds of a lack of mental capacity is a complex process and we would strongly advise that you seek specialist legal advice at the very start of your case. Our specialist Will disputes team can assist you at every stage of your claim, for advice and assistance contact us on 0203 816 9314.

You may wish to challenge a Will on the basis that the deceased lacked sufficient mental capacity to make it.

loading staff

In order to make a valid Will, a person must satisfy the following test:

They must understand that they are making a Will,
They must be aware of the extent of their assets that they are leaving in the Will,
They must be aware of those people that they should morally provide for, especially if they are disinheriting that person; and
That they must not be suffering from any mental condition that has adversely effected their decision.

It can be difficult to prove that someone did not meet this test, and you will have to obtain evidence from various sources. This evidence is usually in the form of witness evidence, or medical evidence, such as a letter from the deceased’s GP.

You may also wish to challenge the Will on the basis of undue influence. This is where you believe that someone may have exerted pressure on the deceased to change their Will. If you are alleging undue influence against someone who had a relationship of trust with the deceased, then it will be for them to prove that the deceased was not unduly influenced. The easiest way for them to do this would be to show that the deceased instructed a solicitor to prepare the Will, and received independent legal advice. Please note that you can be penalised by the court if you allege undue influence without reasonable grounds, and are unsuccessful.

9.3 out of 10

Based on count 551

We're Great

It is our business to deliver legal services that work for our clients, and you can trust our specialists to take care of things on your behalf.

Our Trustpilot reviews

We are so thrilled with the work Heather has done so far. She is a force to be reckoned with and exactly the person you want on your side. Her knowledge on the matter is second to none, she is very approachable and is great at explaining the complicated case to us while advising us of our best options.
View from a Will, trust & inheritance dispute client

How much did Ilott actually change things for those challenging an estate?

After the well publicised case of Ilot v Mitson in 2017, there were concerns that the decision to award an estranged daughter around 10% of her late mother’s estate may have opened the floodgates for adult non-dependant children to bring claims...

Twitter block 1 tweet

SolicitorsLLP

Stephensons raises over £6000 for Derian House Hospice

The national law firm, Stephensons has marked the end of 12 months of fundraising for its Charity of the Year, Derian House Hospice. Over the course of 12 months, through a range of fundraising activities, the firm has raised more than £6,000 for the...

Staff reorder - wills inheritance

Liam Waine
Alistair Gregory
Rachael Williams

We're always here for you

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.

Find your nearest Stephensons office and arrange a meeting

As an award-winning top 150 law firm, with over 450 staff based in offices across the country, you're never far from the advice you need.