Testamentary Capacity Claims Contesting Wills - How to Contest a Will

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Testamentary Capacity Claims

Testamentary Capacity Claims

What is Lack of Testamentary Capacity

One of the most common grounds for contesting a Will is Lack of Testamentary Capacity, which basically means that the person who made the Will did not fully understand the content of the Will due to not being "of Sound Mind".

Lack of testamentary capacity is usually due mental or physical illness which normally takes the form of Alzheimer's disease or other forms of dementia. Other reasons may included being under the influence of medication like Morphine when terminally ill.

In order for a Will to be valid the person making the Will must:

  • understand that they are making a will and the effect of that will

  • know the nature and value of their estate

  • understand the consequences of including and excluding certain people within their will; and not be suffering from any ‘disorder of mind’ which may influence their views.

If you have any of the above concerns then this is a good starting point to challenge a will on the grounds of lack of testamentary capacity.

One of the most common types of enquiry we receive is when a person takes an elderly person suffering with Alzheimer's to a solicitor, with the express intention of getting them to change their Will. In many cases no one is aware that this has happened until the Will is read.

If you feel that you may have a case to contest a will on the grounds of lack of testamentary capacity, then contact us today, free on 0800 915 24 84.




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