My father made a new will only months before he passed, at a time when his memory was failing badly and he was heavily medicated. The new will strongly favours one sibling. Can this be challenged? I would appreciate some clarity on what the law actually requires here.
Yes, a will can be challenged on the basis that the will-maker lacked testamentary capacity. To make a valid will, a person must understand the nature of making a will and its effects, understand the extent of the property they are disposing of, be able to comprehend and appreciate the claims of people who might expect to benefit, such as family members, and not be affected by any disorder of the mind that distorts their sense of right or perverts their judgment. Undue influence, where someone pressured the will-maker, can also be a separate ground for challenge. Gather medical records, particularly around the date the will was signed, and evidence from witnesses and the solicitor who prepared it, as solicitors are expected to assess capacity. These cases are complex and often require expert medical evidence, so consult a lawyer experienced in estate litigation promptly.
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