Google Adwords 0808 278 1398 Bing Ads 0808 274 4482

Is it sufficient grounds for contesting a will if the deceased was often confused and forgetful?

You can ask a court to set aside a will if the will-maker was mentally incapable when they made it — for example, because of dementia.

The test is whether the will-maker could make decisions when the will was drawn up.

In practice, this means they need to understand what a will is, the effect of making one, the extent and value of their property, and any expectations their family, friends or others might have that they will be left something in the will.

Mental incapacity does not have to be permanent, and a person can be mentally incapable in relation to some types of decision but not others. If they were often confused and forgetful around the time they made their will, you may have a claim. A court may want to see evidence from a doctor or psychiatrist and from people who were around at the time the will was made.

Related FAQs

Expert legal advice you can rely on,
get in touch today

Please let us know you are not a robot

Your local legal experts

Why QualitySolicitors?

With QualitySolicitors your first initial assessment is free, so you can call us without worrying about being charged for a call you might not have actually needed to make. And because we place our clients are at the heart of everything we do, we make these five customer service promises to make sure you'll feel properly looked after.

This is why, in the first instance, most people looking for legal help in relation to a 'Home And Property' call QualitySolicitors for a Free Initial Assessment over the phone before requesting our Ask the Legal Expert service; which is an introductory 45-minute face-to-face consultation for £99.