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‘Where There’s A Will’… Testamentary Capacity May Be Missing

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Law in a Nutshell

Testamentary capacity is a common ground for challenging a will. Acting on signs that a client lacks capacity, such as dementia or delusion, is crucial for practitioners - particularly given the burden is on those defending a claim to prove the testator had capacity to make their will.

What's covered?

What testamentary capacity is, case law examples and what to do in practice with clients.

Estimated length

15mins

Recommended knoweldge level  

Beginner

Knowledge check

3 questions at the end to check your understanding
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