Invalid Wills Involving Mental Capacity

Sadly, there are an increasing number of elderly people developing dementia, and people who are unable to make decisions for themselves for other reasons such as brain or head injuries.

It is vitally important that a person making a Will understands exactly what they are doing and the implications of the decisions that are being made.

To talk to one of our wills dispute experts, call us on 0161 930 5151, e-mail willdisputesteam@gorvins.com or contact us online and we will call you straight back.

Gorvins Approach to Invalid Will Disputes

In order for a Will to be valid the person making the Will, known as the testator, must:

• Understand that they are making a Will
• Be conscious of the value and extent of the assets that they are leaving in the Will
• Be conscious of those people that they should morally provide for, especially if they are disinheriting somebody, for example if a person is cutting a son or daughter out of the Will following a family argument
• Not be suffering from any mental condition that has adversely affected their decision

If there is any question of mental capacity a Will should be witnessed by a qualified medical practitioner to confirm that the Will is valid.

It can be difficult to prove that the testator did not have mental capacity at the time of writing the Will and evidence will have to be gathered to prove incapacity. This could be witness evidence from an appropriate person, or medical evidence from a medically qualified practitioner.

If it can be proved that the testator lacked mental capacity then the Will can be revoked, and any earlier Will can then come into effect. If there is no earlier Will the Rules of Intestacy will apply.

How can Gorvins Help?

We understand that this can be a difficult time and that the stress of dealing with a Will dispute can add to the heartache and grief that you are already going through. We’ll look to make things as easy for you as possible. To speak to a solicitor in Gorvins’ specialist dispute team you can call us on 0161 930 5151, e-mail willdisputesteam@gorvins.com or contact us online and we will call you straight back.