Grounds for invalidating a will
By browsing our website without changing the browser settings you grant us permission to store that information on your device. There are a number of grounds for contesting a will.
The factors referred to in Banks v Goodfellow are considered in more detail below.When contesting a will, problems arise with issues concerning mental capacity where a disease affects the mind over a period of time, e.g. In such patients it is often the case that on some days they understand matters and on others their memory is lacking.To succeed with contesting a will, it must be shown at the time the will was executed, the testator did not have the capacity to make a will.You can also contact the solicitors who prepared the will and request details regarding the will’s preparation and locate the witnesses to the will to find out the circumstances surrounding the execution.Try and obtain the testator’s medical records to establish whether the individual was suffering from any illnesses.