You may find yourself in a difficult position where you believe a Will should be disputed because the deceased lacked the necessary mental capacity when it was made. Although this is a complex and emotionally sensitive area of law, understanding the process can help you move forward with greater confidence.
Below is a practical guide outlining how such claims work and what steps you should take.
To successfully challenge a Will on the grounds of lack of mental capacity, you must show that the person making the Will (known as the testator) did not have the required capacity at the time the Will was executed.
In legal terms, mental capacity means the testator was able to:
If the testator could not meet these criteria, the validity of the Will may be called into question.
If you suspect that a Will is invalid due to lack of mental capacity, you should seek advice from a solicitor specialising in contentious probate as soon as possible.
Importantly, an experienced solicitor can assess the strength of your case, explain your legal options, and guide you through the process from the outset. Acting early also helps protect your position, as strict time limits may apply.
Strong evidence is critical when challenging a Will on capacity grounds. Therefore, you should begin collecting relevant material as soon as possible. This may include:
Together, this evidence helps establish the testator’s mental state at the relevant time.
Once sufficient evidence has been gathered, your solicitor can formally initiate court proceedings to contest the Will. However, it is essential to act promptly, as claims are subject to limitation periods.
Your solicitor will ensure the claim is correctly issued and managed, while also exploring whether alternative resolutions are appropriate.
If the court concludes that the testator lacked mental capacity when the Will was made, it may declare the Will invalid.
As a result, the estate will usually be distributed in accordance with:
In many cases, disputes can be resolved without the need for a full court trial. For this reason, mediation is often encouraged.
Mediation involves structured discussions led by an independent mediator, with the aim of reaching a mutually acceptable outcome. Consequently, this approach can save time, reduce costs, and minimise emotional strain for everyone involved.
Disputing a Will is never easy, particularly where mental capacity is in question. Nevertheless, the legal process exists to ensure fairness and protect the interests of those affected.
By obtaining early legal advice and gathering the right evidence, you place yourself in the strongest possible position to have your concerns properly addressed.
If you believe a Will should be challenged due to lack of mental capacity, please contact us without delay.
Our team has extensive experience in Contentious Probate matters and provides clear, compassionate, and practical advice throughout the process.
We are sympathetic, understanding, and committed to supporting you every step of the way.
Call us today for a free, no-obligation discussion.
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