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Testamentry Capacity.

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  • Testamentry Capacity.

    Looking for an opinion on Testamentary Capacity. My Aunt made a Will five years past in which she left me her property. Just a matter of hours before her death, and while gravely ill other family members wrote out a Will for my Aunt which they produced after her death. They did not allow testatrix access to a solicitor or independent advice or medical opinion even though there was medical personnel just a matter of feet away in a Nursing Home. The death bed Will differs greatly from Will my Aunt made five years past and the disturbing aspect of this are that the persons who organized death bed Will in Nursing Home are now the main beneficiaries to her entire property. Anyone advise me on this?*
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  • #2


    I think you should take professional advice.
    Contentious litigation is expensive, and we really don't have enough information to say whether or not you should challenge the will.

    Do you know if the will is valid eg was it properly witnessed?
    Do you have reason to believe the testatrix lacked capacity?
    I suspect you are concerned about undue influence, but you would need to prove that occurred, not just that it was possible or likely.

    To delay matters, if probate has not yet* been granted, you could enter a caveat (cost £20).
    Then arrange a consultation with a solicitor who specialises in this area.
    Possibly a fixed fee single consultation to see what your prospects are.
    Prepare fully what you need to find out, so you don't waste any time

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