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Sadly, there are an increasing number of elderly people developing dementia, and people who are unable to make decisions for themselves for other reasons such as brain or head injuries.

It is vitally important that a person making a Will understands exactly what they are doing and the implications of the decisions that are being made.

To talk to one of our legal experts, call us on 0343 507 5151, e-mail willdisputesteam@gorvins.com or contact us online and we will call you straight back.

Gorvins Approach to Invalid Will Disputes

In order for a Will to be valid the person making the Will, known as the testator, must:

  • Understand that they are making a Will
  • Be conscious of the value and extent of the assets that they are leaving in the Will
  • Be conscious of those people that they should morally provide for, especially if they are disinheriting somebody, for example if a person is cutting a son or daughter out of the Will following a family argument
  • Not be suffering from any mental condition that has adversely affected their decision

If there is any question of mental capacity a Will should be witnessed by a qualified medical practitioner to confirm that the Will is valid.

It can be difficult to prove that the testator did not have mental capacity at the time of writing the Will and evidence will have to be gathered to prove incapacity. This could be witness evidence from an appropriate person, or medical evidence from a medically qualified practitioner.

If it can be proved that the testator lacked mental capacity then the Will can be revoked, and any earlier Will can then come into effect. If there is no earlier Will the Rules of Intestacy will apply.

How can Gorvins Help?

We understand that this can be a difficult time and that the stress of dealing with a Will dispute can add to the heartache and grief that you are already going through. We’ll look to make things as easy for you as possible. To speak to a solicitor in Gorvins’ specialist dispute team you can call us on 0343 507 5151, e-mail willdisputesteam@gorvins.com or contact us online and we will call you straight back.

Let us contact you

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Meet the Will & Estate Disputes team

  • Christine Thornley

    Head of Wills, Trusts & Probate
    Wills, Trusts & Probate

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  • Danielle Clements

    Senior Associate
    Dispute Resolution

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  • Michael Smoult

    Senior Associate
    Wills, Trusts & Probate

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  • Tasoula Addison

    Associate Solicitor
    Wills, Trusts & Probate

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What Will & Estate Disputes services do we offer

  • Challenging or Contesting a Will

    Anyone can leave their money and belongings to whom they wish in their Will, but on occasion disputes do arise over...

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  • Claims against property or assets

    When someone dies the process of probate assesses what a person owns and what they have left in their Will to...

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  • Fraudulent Wills

    It is unusual but it can sometimes be the case that a fraudulent Will has been created...

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  • Inheritance Act Claims

    Family relationships are increasingly complicated and you may feel that you have wrongly been left out of a Will...

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  • Invalid Wills involving undue influence by others

    As people’s assets have become more and more valuable over the years there has been a rise in Wills being contested...

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  • Lost Wills

    When someone dies, you need to locate a copy of the latest Will. This can be difficult as people often don’t like...

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  • Negligently drafted Wills

    When a loved one dies it is a difficult time but when there are problems with the Will this can be even more...

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  • Problems with Executors or Trustees

    Estate and Trust administration can take a long time. If there is a dispute it can take years rather than weeks and...

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  • Trust Disputes

    Handling trust disputes involving individuals, corporate trustees, charities and beneficiaries is a highly complex...

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