Disputed Wills: mental capacity, undue influence, invalid procedure, fraud, interpretation and inheritance act claims.
There are a number of grounds upon which a Will can be disputed, these include:-
- MENTAL CAPACITY
For a will to be valid, the person making the will must have what lawyers call testamentary capacity. In other words he or she must have sufficient mental competence. The phrase “sound mind, memory and understanding” is often used. Mental incapacity can arise as a result of mental disability but the mere fact that someone is mentally ill does not necessarily mean that they lack testamentary capacity. To ascertain whether someone has testamentary capacity is often a very difficult and lengthy exercise, which is not helped by the fact that there is no legal definition of testamentary capacity. It is usual for disputes concerning lack of mental capacity to require the involvement of a medical practitioner, but the court will also consider non-medical evidence including relationships with family and friends and the contents of previous wills.
- UNDUE INFLUENCE
A person must make their will voluntarily. If someone is compelled or coerced into signing a will then it will be invalid. Lawyers refer to such force as undue influence or duress.
- INVALID PROCEDURE
For a will to be made valid it must be in a proper form. If these requirements are not followed then the will could be invalid. For instance, a will should be in writing and must be signed and witnessed correctly by two independent witnesses. Invalid procedure is a common problem with home made wills in particular.
- FRAUD
If someone is tricked into signing a will then it will not be valid. Although fraud isn’t widespread it is not uncommon. It can take many different forms and there have even been cases of impersonation, where people call in an unwitting solicitor and pose as the testator. Executives therefore have to be vigilant and if fraud is suspected, solicitors should be instructed to investigate immediately.