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Home > News > Will contested on grounds of mental capacity

Will contested on grounds of mental capacity

11 November 2019 | Ken McEwan

The challenge

The client came to us with a situation in which her sister was trying to challenge their father’s will on the grounds that he did not have mental capacity at the time he signed it.

The solution

Our Wills & Inheritance and Dispute Resolution teams worked together to quickly resolve the issue.

The process

We obtained medical reports to prove father’s capacity at the time the will was drafted.

As this involved a family relationship we were sensitive that the client would not want a commercial matter of fact approach. We encouraged the client to be involved in the process so she felt she was in control of the legal action.

Over a ten-month period, we advised on the procedure and the prospects of success and used negotiation. We made sure that we communicated clearly with the client so she understood every step of the process and could make informed decisions on how she wanted to deal with the matter. We made sure the client could reach us by phone or email when needed and ensured that all of questions were answered.

The result

We managed to resolve the dispute quickly without having to issue court proceedings, ending up with a very relieved client and a wholly resolved situation.

“GL Law provided a fully transparent service during a very stressful time. Communication is so important at times like this and they do this very well. They’ve treated me as an equal, answered every question I’ve asked, offered me advice and guidance at each stage, and provided me with draft letters and alternative options which has helped me feel empowered. I thank them for their good service and would happily recommend them to others.”  – Anonymous

Specialist inheritance dispute solicitors

If you are concerned about an inheritance or the wishes left in a Will, please contact our expert team of inheritance dispute solicitors. Call 0117 906 9400 or email 

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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