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Testamentary Capacity Disputes
To ensure that a Will is valid and is not likely to be contested the Will maker (called the testator) must have “testamentary capacity”. This means that they must be capable of understanding what they are saying in a Will and they must also understand what actions it will set in motion.
If you want to contest a Will because you are concerned that the Will maker did not have testamentary capacity (for example because they were suffering from dementia) the experts here at Ridley & Hall can represent you. We understand that cases of this nature are sensitive and often involve difficult family situations and we always work sympathetically with a focus on cost effective solutions.
To find out more about our services call Ridley & Hall today on 0843 289 4640 or send a free enquiry and one of our team will be in touch with you shortly.
What is Testamentary Capacity?
Someone has testamentary capacity as long as they understand:
- That they are making a Will.
- What assets are being dealt with by the Will.
- What claims could potentially arise from the contents of the Will.
The Will maker must not have been influenced in a way that amounts to coercion, and they must not be suffering from a condition which removes or hinders their ability to understand their decisions. It is important to be aware, however, that a Will maker does not have to leave any part of their estate to family members. Judges are reluctant to set aside Wills and will need to be satisfied by very clear evidence that the Will maker lacked capacity at the relevant time.
Get in Touch with Us
If you are concerned that at the time the will of a loved one was drafted that they did not have testamentary capacity then contact our team for advice on where to go next. Here at Ridley & Hall we have years of experience in dealing with often complex claims over wills and we can help you to reach the right solution for you and the rest of your family and loved ones.
What our clients say:
The case concluded as hoped. I was at all times treated with courtesy, consideration and empathy by Sarah Young who was at all times professional yet approachable in all matters relating to a very complex case. I personally thank her on behalf of myself and children for the way she conducted my case which brought great relief and a most satisfactory conclusion and will help us move forward.
I would like to say a sincere thank you so very much for all your help in my recent troubles… I would not and will not hesitate to use you again if it was needed. Once again thank you Sarah for everything, especially whilst I was dealing with the death of my mother at the time. It was a pleasure to have met you, and have your guidance. Thank you from the bottom of my heart.
I have referred a number of contentious probate clients to Sarah and have found her to be professional, personable and extremely able. The clients in question have always been extremely satisfied with the work that Sarah has done for them. I would heartily recommend her to anyone seeking advice in this area.
My first meeting with Sarah Young was really great. She seemed to care about my situation and gave good advice on what we should expect throughout our case. My case has now come to an end thanks to Sarah. I would highly recommend her services to others in similar situations.