There can be various reasons behind contesting a will! The most common of which include the suspicion that the will was created under undue influence, the fact that the will was not signed in the presence of witnesses or more importantly the testator lacked the mental capacity to make a valid will. In the text below we will look at the different facts surrounding contesting a will due to mental capacity in light of the experiences of will and probate solicitors.
The Law Behind Mental Capacity:-
As per law, a person making a will must be of “sound mind, memory and understanding.” In which case the testator must:-
– Understand the Nature of the acts and its effects.
o Just because a person disinherited his children for reason other than mental capacity doesn’t mean that they lack the ability to understand the nature of their acts and their effects. In fact, it is possible that a testator purposely leave beneficiaries out due to their knowledge or ill intentions.
– Understand the extent of the property in question.
o According to will and probate solicitors, it is not the case that the testator needs to possess detailed knowledge of their estate. In fact if the will was created with only a broad view of the estate without going into the specifics, it cannot be contested on the grounds of mental capacity.
– Comprehend and appreciate the claims put forward.
o On the contrary if a testator did not leave part of their estate to a close family member or did not consider the possibility of a claim, then it can be said that the testator lacked mental capacity; hence, formulating the grounds of a valid claim.
– Must not be effected by any disorder of the mind.
o If the testator suffered with a disorder as a result of which his sense of affections and sense of right were compromised then the will can be contested on grounds of mental capacity.
For more information you are welcome to get in touch with the will and probate solicitors at Walker Wise Solicitors by phone on 01254 300 966 or email email@example.com.