In some cases consideration can be given to setting aside a Will where the mental capacity of a Will maker is in issue.


It is important to examine a Will maker’s capacity both at the time of giving instructions to prepare a Will and also at the time of its signing.


Four matters need to be satisfied for testamentary capacity:

  • The Will maker understands that he/she is disposing of assets after death
  • The Will maker understands the extent of the property being disposed of
  • The Will maker is able to recall and understand the claims of his/her heirs
  • There is no disorder of mind which would influence the Will maker’s decisions.


Pearce Webster Dugdales are well qualified to give advice on matters involving testamentary capacity.