If a will does not include the true intentions of the person
making the will, or if the will has not been executed correctly, it
may be invalid and can therefore be contested. Our guide takes you
through the grounds for contesting a will.
Lack of testamentary capacity
One of the grounds for challenging the validity of a will is
that the person who made the will ("the testator") did
not have the relevant mental capacity to understand his actions.
Testamentary capacity
A person making a will must be of "sound mind, memory and
understanding" when making a will. The law relating to
whether a person has sufficient mental capacity to understand the
content of his will was established in the case of Banks v
Goodfellow [1869-70] which stated that the testator must:
