Contesting a Will Due to Dementia

A will is only valid if the person making it, known as the testator, has the necessary mental capacity to understand the nature and effects of their decisions. When dementia affects cognitive function, questions may arise about whether a testator was capable of making a will or changes to an existing one. In such cases, the will may be open to legal challenge.

At Blackstone Solicitors, we advise clients on contesting wills where mental capacity is in doubt, offering clarity and compassionate support during complex disputes.

At Blackstone, we always aim to provide the best service possible. Meticulous in our approach, we will make sure everything is dealt with as you wish and will keep you updated throughout the legal process, ensuring that you always know of any developments.

“Professional, friendly and easy to deal with.”

– Simon John Bulmer

Legal Capacity and Dementia

Under the legal test established in Banks v Goodfellow (1870), a testator must:

Understand the nature and effect of making a will
Comprehend the extent of their estate
Recognise the claims of those who might expect to benefit
Not suffer from any disorder that influences their decisions

Dementia does not automatically invalidate a will. What matters is whether the testator had testamentary capacity at the time the will was executed. This is often a fine distinction, requiring scrutiny of medical records, witness evidence, and the circumstances surrounding the will’s preparation.

Grounds for Contesting a Will

A will may be challenged if:

The testator had moderate to severe dementia and lacked capacity
No solicitor was involved, or the drafting process was irregular
The testator made drastic changes inconsistent with prior wills
There is suspicion of undue influence or coercion by caregivers or relatives
The will was made under conditions of confusion, anxiety, or delusion

Successful challenges typically result in the will being set aside and replaced with an earlier valid version or the application of intestacy rules.

Gathering Evidence

Contesting a will due to dementia requires robust evidence. This may include:

GP and specialist medical notes documenting cognitive decline
Capacity assessments near the time of the will’s execution
Statements from solicitors, carers, or family members
Records showing the testator’s confusion or erratic decisions

At Blackstone Solicitors, we undertake a detailed evaluation of the circumstances, guiding clients through the evidential requirements and litigation strategy.

Time Limits and Procedure

Claims must usually be brought within six months of the grant of probate, although certain cases allow for exceptions. Lodging a caveat can be a vital early step, preventing the estate from being administered until matters are resolved.

Disputes may be resolved through:

Mediation or correspondence with executors
Formal litigation in the Probate Court
Alternative options such as citations or standing searches

Sensitive Support with Legal Precision

Contesting a will due to dementia is often emotionally charged and legally intricate. Our specialist team at Blackstone Solicitors supports clients with empathy and expertise, ensuring that vulnerable individuals’ legacies are not distorted by cognitive impairment or external pressure.

Serving clients across England and Wales, we provide clear, strategic advice grounded in both legal rigour and human understanding.

Our Approach

We place huge emphasis on getting things done properly and efficiently. This is especially true when providing legal advice on contesting a will due to dementia and we have vast experience of this area of law. We take all of the necessary provisions to protect you, your family and your estate ensuring they are properly set out, fulfilling every aim and objective whatever your requirements may be.

Our Services

We can provide help with a wide range of matters relating to wills and inheritance disputes, including:

Get in Touch

Contact us today to discuss any matter relating to contesting a will due to dementia. We can talk about your situation in-depth and get to the bottom of what you need and how we can help. We are here to answer any questions which you have, and we aim to make everything as simple for you as possible.

Our team is approachable and professional, and we will do everything in our power to help you get the outcome you need. Call us on 0330 808 0801 or, if you would prefer us to contact you, leave your details via our online enquiry form.

We offer our services to clients in Manchester, Chester, Cheshire and throughout the rest of the UK. We also have an office in London.