Invalid Wills Involving Mental Capacity

Many among the elderly suffer with dementia. There are others who lose their mental capacity due to a head injury or other reasons.

A will could become invalid if it gets proved that, when making the will, the person did not have the mental capacity to make his own decisions.

For a will to be valid, the person making it i.e., the testator must

  • Understand that he is making a will and be aware of its implications
  • Be aware of the value of the assets he is leaving
  • Be able to remember the people who he is morally obligated to provide
  • Be free from mental issues that can impair judgement

If there are questions about the individual’s mental capacity, a qualified medical practitioner must be consulted. He should verify and confirm whether the will is valid or not.

It can be difficult to prove that a person was in a poor mental state when he was making the will. Appropriate witness evidence or medical evidence needs to be gathered. If it gets proved, then the will is revoked and an earlier will comes into effect. If an earlier will does not exist, the Rules of Intestacy apply.

Having to deal with an Invalid Will, especially when mental capacity is in question, can be a stressful ordeal. We at Aristone Solicitors can help you smooth out the process. Call 01582 383 888 to get in touch with us.


Invalid Wills Involving Undue Influence of Others

In some unfortunate cases, the elderly or the vulnerable have been unduly influenced by care-givers, relatives or others to make changes in their will.

If it gets proved that a person was unduly influenced when making the will, the will becomes invalid. But to prove that this is the case is quite difficult since the conversation must have taken place between the deceased and the influencer with no one else present in the room.

However, it could be that the deceased later confided in someone, letting them know about the influencer. Statements from such witnesses can become solid evidence. Also, medical reports showing the person’s vulnerability can add to the weight of the case.

The strongest evidence, however, can be gathered if you find out whether the deceased received independent legal advice when drafting the will. If he did, then the circumstances of the meeting must be considered. For instance, was the influencer present or involved in the meeting? Did he recommend further changes to the will?

When an allegation of undue influence is made, it becomes the influencer’s responsibility to prove that no undue influence took place. On the other hand, if the Court determines that the allegations are baseless, it will ask the person making the allegation to pay costs.

If you are stuck in a case where there are serious questions about undue influence on a will, please know that you need the help of experienced solicitors. Call 01582 383 888 to get in touch with us.

Stay Up To Date With Our Latest News

Got a question?

We are glad that you preferred to contact us. Please fill our short form and one of our friendly team members will contact you back.

    Request a call


    Covid-19 business update: We are still open for business

    We’d like to take this opportunity to reassure you and our loyal clients that Aristone are operating as usual following Government guidelines.

    We have made changes to ensure that we can continue to provide you with the high quality services you expect from us. Our staff have been briefed and we have put the appropriate measures in place to assist with mitigating any risks. Our contingency plans are robust and have been proved to be effective over the last few weeks, and we continue to deliver our services to you.

    Learn more about our exclusive services we offer to businesses impacted by Covid-19:

    Terms and Conditions*:

    • In order to be eligible for the offers, you must instruct us using
      the same email address used during the sign- up for the newsletters.
    • The email address must remain the same and used to liaise until the matter closure.
    • You will be eligible for a 10% discount on your total conveyancing costs, once you sign our client care letter.
    • You will be eligible for a Free Will only when your conveyancing matter file is closed and the bills for the same are cleared.
    • Though Aristone carry out regular checks to confirm your eligibility, this may not always be practicable or possible and consequently we urge all clients to claim their free Will and 10% discount off Conveyancing fees by emailing the appropriate case handler with a print screen of the news letter subscription.
    • Subscribe to our newsletter for a FREE WILL, and get 10% off Residential conveyancing fees*,