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Solemn Form or “Lack of Capacity” Disputes

Overview

We act in disputes concerning the validity of wills, including cases where it is alleged that a person lacked the necessary capacity at the time the will was made.

Our work includes both challenging and defending wills, reviewing medical and other evidence relevant to capacity, and addressing allegations of undue influence or coercion. We represent clients in contested will proceedings and guide them through what can be complex and sensitive litigation.

Service Spotlight

Capacity disputes require careful analysis of both legal principles and evidence, often including medical material and surrounding circumstances. We help clients understand the issues early, gather and assess the evidence properly, and pursue or defend claims with a clear strategy in matters that are often both complex and highly personal.

Specialists and practitioners

FAQs

What does it mean to challenge a will on capacity grounds?

It means alleging that the person who made the will did not have the necessary testamentary capacity at the time the will was executed, so the validity of the will is in question.

What kind of evidence is relevant in a capacity dispute?

These matters often involve medical records, witness evidence, surrounding circumstances, the content of the will itself, and other evidence relevant to the person’s understanding and decision-making at the time.

Can you act for both those bringing and defending these claims?

Yes. We act for clients on both sides of validity disputes, including where allegations of incapacity, undue influence, or irregularity are raised.

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