Why an assessment of testamentary capacity is important when making a will or making changes to a will as an older person

More and more cases of contested wills (contentious probate) are being seen in the courts because the population is ageing, with an associated increase in the prevalence of cognitive impairment. Additionally, the value of property has risen, and blended families are becoming more common. A will is more likely to be contested when the estate is sizeable and/or when there are several potential beneficiaries, some of whom may feel aggrieved by being omitted from the will. Such people can even include ex - daughters and sons - in law ( Randall v Randall [2016] 3 WLR 1217 ).

When the validity of a will is challenged, a lack of mental capacity of the testator (person making the will) sometimes in the absence of cognitive impairment, and / or undue influence on the testator are often cited. Evidence of testamentary capacity and a lack of coercion around the time of making a will can reduce the potential of a successful legal challenge after death, ensuring that the deceased’s wishes are honoured.