Claim Over Mental Capacity

We acted for a client who was surprised to learn his mother had made a new Will only a matter of months before her death. Our client knew his mother had been suffering with dementia in the years leading up to her death and did not believe she had legal capacity to make a new Will. The homemade Will she had supposedly made, cut out our client for inheriting any of his mother’s estate.

We investigated the background to the case including a detailed review of the deceased’s medical records. These documented her declining medical condition.

Using this information, we were able to successfully challenge the new Will and the estate passed to our client and other family members in accordance with an earlier made Will.

This case demonstrates that it is important Wills are made before people’s health start to decline to avoid the suggestion the Will could be invalid. If there are any concerns about someone’s mental capacity to make or change their Will, it is important to consider obtaining a supporting medical report to show the person did have sufficient mental capacity to execute a Will.