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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.

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