Contesting Wills on the Grounds of Mental Capacity

We are all living longer. Estate claims are becoming increasingly frequent, with one of the common grounds for contesting a will being, that the testator did not have mental capacity to make a will.

In order to make a valid will, you must have mental capacity. One of the legal tests for capacity is your ability to understand the nature and effect of the document at the time you sign the will.

This line can become blurred when a testator is elderly. Dealing correctly with this issue will assist to protect both the testator AND the beneficiaries. It is essential that you use a lawyer who specialises in Estate Planning, as their knowledge can help prevent a claim against your estate, and ensure that your Will is distributed in accordance with your wishes.

Lawyers who specialises in Estate Planning like Clare Wainwright of Wainwright Legal, will not only create a will that is pursuant with the individuals wishes, but will also make sure the individual is aware of everything that has been included in the will. The team at Wainwright Legal is concise and considerate, and has no issues taking an individual cover to cover to explain their will. 

In doing this, the individual will not only understand their will, but it will be clear to the legal professional conducting the explanation if the person has the ability to understand just what it is their signing. Contact us for your legal services