The person making the will must have :-
- • understood the nature of making the will
- • the extent of the property which he/she was disposing of and
- • the claims to which he ought to give effect to
These principals where established in a very old case called Banks -v- Goodfellow.
Frequently, we see cases where wills are altered close to someone’s death or where the testator may have been suffering from Alzheimer's disease or other forms of dementia. If a lack of capacity is alleged then the third party alleging the lack of capacity must prove that the Testator lacked capacity.
This can be very difficult to establish as expert evidence will be required to show the capacity of the Deceased at the time the will was executed. We have acted in numerous cases involving matters arising to undue influence in will cases.If you are in any doubt as to whether you have a case, call our probate helpline.