A: If your mother was not of sound mind when she made her Will it may be possible to challenge the validity of it. The fact that she suffered Alzheimers disease (or indeed any other mental health illness) is not of itself grounds to establish the Will was invalid. It is necessary to establish that the person making the Will had “testamentary capacity”.
- The fact that they are making a Will and its consequences.
- The extent of their property and assets.
- The claims of those who might expect to be left something in the Will.
- They must not suffer any delusion of the mind which influences how they deal with disposing of their property i.e leaving legacies in thieir Will which they would not have made had they been of sound mind.