Unravelling the Validity of Wills: Insights on Mental Capacity and Disputes

Sometimes, a dispute can arise as to the validity of a will. 

A will can be challenged on one or more of the following grounds:

1. Lack of proper execution – e.g., not signed or witnessed;
2. Lack of the necessary mental capacity – discussed below;
3. Lack of knowledge and approval of the contents of the Will;
4. Undue influence – that the testator’s mind was so dominated that their decisions were not truly their own; and
5. That it is a forgery or a fraud.

If the validity of a will is challenged, the courts can ultimately determine whether or not the Will was validly executed. If the court finds that the Will is not valid, its terms do not have any legal effect, and the estate will be administered in accordance with the previous valid Will or the intestacy rules.

This sort of issue can engage emotions, as well as grey matter.

Often, sound legal advice can help translate a mountain of worry into a much more surmountable problem.

To be clear, what follows is not an exhaustive summary of the law or formal legal advice.

But hopefully, it might help the reader to understand the basic issues in an argument over the validity of a will on grounds of mental capacity. 

Like most issues which come to court, the question of mental capacity is a question of fact. As such, it is rarely a ‘black and white’ issue.

The court will determine it based on evidence, and this usually means that it is difficult to predict the likely outcome with absolute certainty.

If the validity of a will is challenged on the grounds of testamentary capacity, as long as those challenging the will have brought some evidence which casts doubt as to the mental capacity, those who suggest that the Will is valid will be required to prove that the testator had the requisite mental capacity. 

If you have concerns about the validity of a Will or other testamentary document, give us a call for a free initial chat. 

Unlike most other solicitors’ firms, we have a dedicated team who deals wholly with contentious probate disputes, that is, legal claims about the distribution of the estates of deceased persons. We do not simply dip our toes into this area. We live in it. 

More importantly, we are not just lawyers. We are real people who are well-used to dealing with clients dealing with highly emotive cases. We value competence and compassion in equal measure.