Lack Of Testamentary Capacity | Invalid Wills | Irwin Mitchell

Lack Of Testamentary Capacity - Wills Made By A Person Not Of Sound Mind

For a Will to be valid, the person making the Will must be of sound mind. This is known legally as having “testamentary capacity”, which means that the person making the Will understood:

  • that he or she is making a Will and what the consequences will be
  • broadly what assets they will be leaving in the Will
  • the claims of those who might expect to be left something in the Will

The person making the Will must also be free of any delusion that influences their Will. For example, if a person with two children has a delusion that causes them to believe they have no children and they write a Will on this basis, the Will is likely to be deemed invalid.

If a loved one has died and you believe that they were not of sound mind when they made their Will, you should contact us for expert advice. We have helped many other clients to challenge Wills in this situation and we will work sensitively to help you put a case together.

Katie Winslow, one of our legal executives, talks about the issue of testamentary capacity in the video below:

Here, she discusses possible outcomes and timescales.

Disputing A Will On The Grounds Of Lack Of Testamentary Capacity

Part of a solicitor or Will writer’s duty is to check that the person making a Will is of sound mind and understands the consequences of their actions. If this didn’t happen, we may be able to help you make a claim against the solicitor or will writer.

It is common for Wills to be disputed if the person writing the Will had Alzheimer’s or a similar condition. Each case is different, so it’s important to note that a person’s Will is not necessarily invalid just because they had Alzheimer’s. We will obtain and advise you on the medical and other supportive evidence and support you through the claim.

These cases can be complex, so it’s important to work with expert solicitors. Our team is recognised as one of the UK’s leading Wills disputes teams, so you can rest assured that you’re getting the right help and advice. We have offices up and down the country, so we can help you wherever you are.

Funding Your Claim

We will provide a free, no-obligation initial assessment of your claim and will respond to all new enquiries by telephone, email or post within 24 hours.

We offer a fixed fee service of £1,500 plus VAT to carry out all the investigation and advise you on the merits of your claim. We will then let you know if we can act on a no win no fee basis*.

You can also choose from other funding options, including:

  • Discounted Fee Agreements 
  • Legal Expense insurance (often included with home insurance policies)

Further Information About Will, Trust & Estate Disputes

For an initial discussion, with no obligation, please call us or send us an online enquiry.


* Subject to entering into a ‘No Win No Fee’ agreement in conjunction with our Allianz Support4Disputes insurance policy and complying with your responsibilities under its terms.