Capacity Questions

For many reasons, questions a can arise about whether a person actually had the necessary legal capacity to make a Will at the time they signed their Will. In simple terms, a person must be able to understand what they are doing and have a reasonable understanding of what their assets are and who they should be taking into account when making their Will.

Questions about capacity can arise in many circumstances, particularly when the person making the Will is suffering from mental illness, and illness which affects their memory such as Alzheimer’s disease or an injury or other illness which casts doubt on their ability to make informed decisions or to communicate their intentions clearly.

These issues can be difficult to deal with and the law in this area can be quite complex.  Teece Hodgson and Ward have the knowledge and experience in dealing with these issues necessary to advise executors and relatives about capacity questions.

Claims by Relatives

In addition to Family Provision Act claims and questions about capacity, disputes can sometimes arise in deceased Estates if family members believe that particular individuals have had an undue influence on the way in which a testator made their Will.

 “Undue influence” cases are very difficult to prove in Court. For this reason, it is important that anyone considering making such a claim obtains expert legal advice from lawyers who are familiar with this area of law. Equally, executors faced with such a claim need to understand their duties to the beneficiaries named in the Will and need sound advice when responding to claims of undue influence.

Our Wills and Estates experts have the necessary knowledge and experience to advise on such claims.