Contested Will Claim Succeeds On Capacity

A sad case in which a bereaved father made a will without the requisite mental capacity to do so has clarified who bears the burden of proving testamentary capacity. In these types of cases, the burden of proving these cases can be far from straightforward.

Our specialist dispute lawyers are experienced in contested wills and testamentary capacity claims and are known for their sensitive but incisive approach to the issues. The starting point in such claims is that there is a presumption of testamentary capacity, but where there is sufficient evidence of mental impairment or lack of testamentary capacity on the part of the testator, the burden of proof shifts to the other side.