One of the conditions which must be satisfied for a will to be valid is that the person making it must be of sound mind. With an ageing population, cases involving disputes over a testator’s mental capacity are becoming more common – it is estimated that up to two million people in the UK suffer from some form of dementia or brain injury.
Guidance on the meaning of mental capacity can be found on the Mental Health Foundation website.
The bar for a successful challenge to a will on the gorund of a lack of mental capacity is set high. Cases from 2013 onwards make it clear that recurrent mental illness (schizophrenia) and being 'grief stricken' do not necessarily mean that a testator lacks the mental capacity to make a valid will.
|Order Copies of Wills Online|
|Family Liability For Care Home Fees Not Absolute Until Funding Resolved|
|Farm Sale Not to be Held Up by Will Dispute|
|Clarity Essential to Give Legal Effect to Transfer of Title|
|Open Justice Trumps Trustees' Fears for Children|
|Stately Home Sale Forced By Trustees|
|Out-of-Date Will Leads to Dispute With Charity|
|Ombudsman Hits Out at Lack of Regulation Over Wills|
|Value of Joint Policy Not Part of Estate|
|Dementia Sufferer Let Down by Selfish Nephews|