One method of challenging the validity of a Will is on the ground that the deceased lacked the required mental capacity to make a valid Will.
If the deceased did not have the necessary mental capacity to make a valid Will, the Will cannot be valid. The case of Banks v Goodfellow [1870] LR 5 QB 549 states the deceased must:
- Understand the nature of making a Will and its effect;
- Understand the extent of the property they are disposing;
- Be able to comprehend and appreciate the claims to which they ought to give effect;
- Have no disorder of the mind which ‘shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties-that no insane delusion shall influence his Will in disposing of his property’.
To establish this ground, expert medical evidence is often required.
Disputing a the validity of a Will due to a lack of mental capacity
Example – Fischer v Diffley and Diffley [2014] COPLR 212
The deceased had made two Wills during her lifetime, one in 2009 and the other in 2010. The deceased owned assets in both Germany and England. The Claimants represented the deceased’s family in Germany. They made a claim challenging the validity of both Wills on the ground that the deceased lacked the required mental capacity due to the fact she suffered from dementia at the time both Wills were executed.
Issue: Did the deceased have the required mental capacity?
Evidence: Both Wills were written by the deceased’s friend who was an accountant. The deceased received no legal advice for either Will. No notes were made of the deceased’s instructions for either Will. The deceased’s name was spelled wrong in both Wills.
Regarding the first Will, there was no evidence to suggest that the deceased understood the nature of making a Will or the extent of the property she was disposing.
A medical expert concluded that the deceased lacked the required mental capacity to make the second Will as she could not have understood the nature and extent of the property she was disposing.
Held: It was held that concerning both Wills, the deceased did not satisfy the requirements set out in Banks v Goodfellow. As a result, both Wills were declared invalid.
How can we help?
Amrik Basra is a Trainee Solicitor in our Private Litigation team.
At Nelsons, our team specialises in these types of disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently researched publication, The Legal 500, as one of the top teams of specialists in the country.
If you have concerns about the validity of a Will, please contact Amrik or a member of our expert Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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