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 01616 966 229.

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.

4.7out of 10

Trustpilot logo4.7 score on Trustpilot Based on count 1084

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

Neighbour disputes and lockdown

As we are forced to spend more time at home, we are discovering more about our own properties, and more about our neighbours. For many, our relationships with neighbours have improved, as we set out to help those that we can to brighten up the lonely...

Twitter block 1 tweet

SolicitorsLLP

Stephensons' week-long giveaway

This year ‘Blue Monday’ falls on January 18th, in what are already challenging times we’d like to try and raise spirits a little each day with a week-long giveaway. Throughout the week we’ll be looking for nominations for donations...

Staff reorder - wills inheritance

Liam Waine
Alistair Gregory