Challenging a Will over a Will maker’s dementia

One of the grounds for challenging a Will is the maker’s mental incapacity. Incapacity can take a number of forms which include dementia.

A person who does not have the mental capacity to make a legally valid Will may also be vulnerable to undue influence from other parties while making the Will. This undue influence can itself become a ground for challenging a Will.

Can someone with dementia legally write a Will?

A diagnosis of dementia does not necessarily prevent a person from making important decisions which includes making a Will. Legally, a Court is only interested in the incapacity of the Will maker at the time they made it.

As symptoms can worsen over time the Will maker might then lack the capacity to make decisions but what is crucial is if a person who has dementia is able to understand the Will and make decisions about it. This is known as testamentary capacity.

A Will made by someone with dementia could be found to be invalid if it can be shown that at the time they made the Will they did not have testamentary capacity. In these circumstances, an eligible person could challenge the Will. Because dementia is a degenerative disease its effects can vary daily so pinpointing what the condition of the Will maker was when they made the Will is critical.

Contact our Challenging a Will Lawyers based in Sydney, NSW

 Szabo & Associates Solicitors have extensive experience in helping to challenge a Will. Please contact us on 02 9281 5088 or complete the online contact form.