Undue Influence and Testamentary Capacity

In order for an individual to make a valid Will, they must have testamentary capacity.

This means having the necessary cognitive ability to understand:

• The purpose of a Will 
• The extent and value of their assets 
• The effect of their decisions, including omission of individuals who could have a claim upon their estate 

Unfortunately, individuals who are impaired due to frailty, ill health or dependency on others can find themselves at risk of being exploited or influenced to leave their estate in a manner which they would not choose of their own free will.

In situations where it can be proven that an individual has been influenced to make a Will contrary to their wishes by the use of physical or mental force, the Will would become invalid, however evidence of undue influence can be difficult to prove.

It is always advisable to speak to a legal professional when making any decisions in relation to your estate and it is best practice to meet alone, without any external influences.

At Jordans, your wishes are our highest priority and our friendly team are happy to take the time to ensure that all aspects of your Wills are understood and that your estate passes in the way in which YOU want.   

Have further questions?

If so, get in touch with our Wills and Probate team at any one of our branches in Dewsbury, Horsforth, Selby, Wetherby and Wakefield.

Just call 033 0300 1103 to arrange your appointment or Request A Call Back from us instead by clicking the link below.