Testamentary Capacity Disputes
Why are Testamentary Capacity Disputes important?
If the terms of a will seem rational and nothing deemed irregular then the law assumes capacity.
But it does not take much to dislodge that presumption. So if there is a history of mental illness or it appears there is confusion or memory loss, then those relying on the will are put on the back foot to proving, what had been assumed, capacity.
With the increasing levels of dementia and Alzheimer’s disease, anyone with any such concerns needs to make sure that before they make a will they are examined by a qualified medical practitioner to certify that they are well enough to make a will.
This is especially the case if there is a medical issue and someone is, for instance, disinheriting a family member or dependent.
Have a Question?
Call us on 0115 963 0179 or use the button to the right.
For a No-Obligation and Free Enquiry.