Testamentary capacity, undue influence and knowledge and approval

A will must meet specific criteria and be properly executed to be valid. When a person executes their will, they must at that time have the requisite mental capacity to do so.

This means that they must understand what they are doing, and the extent of the property which they are giving away in the will.

A person making a will must not be unduly influenced by a third party to make it or be unduly influenced in respect of the content of it. They must also properly understand and approve of the terms of their will.

This is particularly the case where the testator has any physical or mental impairment that affects their mental capacity to make a will, or has hearing, sight or speech problems, that prevent the testator from communicating effectively to give instructions for a will, or affect the ability to understand its terms. If these formalities are not met, the will may be invalid and open to challenge.

How Napthens can help

The team are extremely experienced, approachable, work quickly and will provide an honest evaluation of your circumstances and options from the outset. 

To support you, we’ll look at the following:

Testamentary capacity

We can help you to challenge and investigate the circumstances surrounding the will preparation where the person making it may not have had the capacity to do so. We’ll discuss your case and help you decide on your next steps.

Our approach is supportive and sensitive, and our technical expertise will allow you to achieve the best possible result based on your own personal circumstances.

Undue influence

Where you suspect that a third party has exercised undue influence over someone making a will, we can help you investigate and where appropriate challenge that. We’ll discuss your case and help you decide on your next steps.

Our approach is supportive and sensitive, and our technical expertise will allow you to achieve the best possible result based on your own personal circumstances.