Mental Capacity to Make a Will

In order to make a legally valid will, a person must have clear mental capacity. The effects of dementia, Alzheimer's or delusions can invalidate a will and have serious consequences on the distribution of an estate and the interests of beneficiaries. Certain drugs and medications may also have an effect on the mind, causing a person to lose the ability to comprehend important aspects of their estate and family.

It is essential that will-makers understand and recognize the extent of their assets and the consequences of their actions. Often social skills remain strong after mental deterioration has set in and can give the illusion of a sound mind. A will may be invalid where a person cannot recall potential beneficiaries or those who have a moral claim in the estate, such as spouses and children. Our Estates lawyers guide clients through the law around executing a legally valid will and help them address serious concerns involving mental incapacity.

Where family members or potential beneficiaries believe that a person was not mentally capable of making a will, they may seek to challenge the will in court. Our Estates lawyers pride themselves on maintaining an unrivalled expertise in Estates law and are well-equipped to deal with challenges to a will based on mental incapacity or undue influence.

Speak to Us

For more information about the effect of mental incapacity on the validity of a will, contact our Estates lawyers at 604-634-2308 or book a consultation online.