Dementia cases give rise to contested wills

A rise in the number of dementia cases has resulted in a growing number of wills being challenged, as disinherited family members argue their relative was not of sound mind.

The increase comes as people realise they can dispute someone's wishes by saying they lacked capacity. Laura Brown, a Director at JMD Law and a specialist in capacity contested Wills, said that most new will challenges involved claims that the person who had made the will was not capable of making decisions. But she also noted that many of these cases fail because families do not have enough evidence to show this, stating: "Clients think that because the person has had problems with their memory, they didn't have capacity, and that's not the case at all. Actually, the barrier for challenging a will is really high and a lot of will challenges either fail or are settled out of court. They can be difficult to win at the best of times and expert legal advice is a must”.

Categories: Wills & Probate