Mental capacity is one of the considerations when a Will is determined to be valid, which is a good reason to make your Will as soon as possible with the help of a solicitor. The case of a man who left it until a couple of months before he died of cancer allowed an opportunity for his relatives to challenge the Will in the High Court.

The man left his widow the residency of the matrimonial property for her lifetime unless she was to co-habit or re-marry. His daughter, from an earlier marriage, was left the rest of his estate apart from some keepsakes, she was also nominated as the executor of the will.

The widow asked the court to consider the man’s mental capacity given that he was on a lot of medication to help with pain and symptoms of his cancer. These caused him to be disorientated and confused at the time of the Will signing

The Court considered expert evidence both from experts and lay people and acknowledged there may well have been some effects of the drugs however there was no reason to believe he did not understand the contents of the Will. They found that he had mental and legal capacity even though some of his behaviour was uncharacteristic, with claims against his wife that were unjustified, he was still able to make the decisions about his Will as he wanted to.

If you need to make a Will, or check the validity of your Will or need to make changes then we can help. Simply contact us online.