Proving Mental Capacity

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.

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