How do you prove someone lacks mental capacity?
Possession of testamentary capacity, or the mental awareness – having an understanding of the import and meaning of what one was doing – is essential to the validity of a person’s last will and testament. If, before the death of the testator, the mental capacity of the testator was in any doubt, advice should be sought from a suitably qualified professional who is trained and experienced in determining the extent to which the testator’s diminished mental capacity (if any) was a bar to executing a valid last will and testament.
The rule of thumb is ‘if in doubt, seek advice’. The cost and effort of seeking the opinion of a expert on this subject would be insignificant compared to the potential difficulties avoided by taking such a precaution.
Proving Mental Capacity – A lifetime’s experience
At Maximum Inheritance, we have several simple steps we carry out to prove the mental capacity of the testator. Simply contact us for a no obligation chat.