Disputing a Will in the UK due to Lack of Mental Capacity

Have you found yourself in a situation where you believe that a will should be disputed because the deceased lacked mental capacity?

This is a complex and sensitive matter, but understanding the process can help you navigate through it. Here’s a brief guide to get you started.

• Assessing Mental Capacity: To successfully challenge a will on the grounds of mental capacity, it is crucial to establish that the person making the will (known as the testator) did not have the requisite mental capacity at the time of its creation. Mental capacity refers to the ability to understand and make decisions about the will’s contents and the implications of those decisions.
• Seeking Legal Advice: If you suspect that a will is invalid due to lack of mental capacity, it is recommended to consult with a qualified solicitor specialising in contentious probate and will disputes. They can evaluate your case, provide legal advice, and guide you through the process of contesting the will.
• Gathering Evidence: To support your claim, it is important to gather evidence that demonstrates the testator’s lack of mental capacity. This may include medical records, statements from healthcare professionals, and witness testimonies who were present at the time the will was created. Expert opinion from medical or psychiatric professionals may also be necessary to ascertain the individual’s mental state.
• Contesting the Will: To dispute a will, you’ll need to initiate legal proceedings by filing a claim in court. It’s important to note that there are time limitations for contesting a will, so seeking legal advice promptly is advisable.

   

• The Court’s Decision: If the court determines that the testator lacked mental capacity at the time of making the will, it may declare the will invalid. In such cases, the court will rely on the deceased’s previous valid will or, if none exists, the rules of intestacy to distribute the estate.
• Mediation and Settlement: In some instances, it may be possible to reach a settlement through mediation, avoiding the need for a full trial. Mediation involves discussions facilitated by a neutral mediator to find a mutually agreeable resolution. This option can save time, costs, and emotional stress for all parties involved.

Disputing a will can be emotionally challenging, especially when mental capacity is in question. It’s important to remember that the legal process aims to achieve justice and protect the interests of all parties involved. By seeking legal advice and gathering the necessary evidence, you can ensure that your concerns are appropriately addressed.

If you find yourself in a situation where you believe a will should be disputed due to lack of mental capacity, do not hesitate to contact us. We are her to help.

Our team has extensive experience dealing with Contentious Probate matters.

We are sympathetic, understanding, and are here to help you every step of the way.

We are here to help. We can get it sorted. It’s what we do. Call us. It’s free to ask.