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Mental capacity vs testamentary capacity

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  • Mental capacity vs testamentary capacity

    Testator had multiple tests and scans when in hospital for long duration confirming lack of capacity and inability to make decisions.
    also ct scans confirming brain damage and vascular dementia
    Do these mean he lacked testamentary capacity to execute a Will?
    thanks
    Tags: None

  • #2
    Was the will executed at that time?

    NB the OP has started several threads discussing his issue.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Originally posted by atticus View Post
      Was the will executed at that time?

      NB the OP has started several threads discussing his issue.
      sorry for multiple posts but the case is dynamic.
      yes the Will was executed between the two scans. The first eleven months before and second one month after.
      pretty sure lack of knowledge and approval is proved just wondering whether lack of testamentary capacity would also apply
      thanks


      Comment


      • #4
        If a person lacks mental capacity then almost certainly they lack testamentary capacity.

        Something to read (apologies if you know this): https://www.thegazette.co.uk/all-not...20is%20invalid.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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