Issues of capacity and/or sudden changes to a will

Mr A’s Father has sadly passed away. Upon taking steps to find the current will, Mr A is shocked to find that his Father made a Will in the last 6 months in which he disinherited his two sons (including Mr A) and left the entirety of his Estate to charity and his next door neighbour in equal shares.

Mr A is concerned about this as he believes that his Father was suffering from dementia at the time the will was made, and/or he is concerned about any influence the next door neighbour had over his Father.

When a Will has been changed suddenly prior to someone’s death it is natural for their immediate family to become concerned. In certain circumstances a will can be challenged on grounds of lack of capacity, or if undue influence has been applied on the person making the Will.

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At CWJ we have experience in making challenges to a Will on the above grounds. If you have any doubts surrounding the circumstances in which a Will entered into by a member of your family, contact us to discuss how you can take the matter further.

Although correct at the time of publication, the contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.