August 11th, 2006 | 
Author: Mental Capacity
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Contesting a Will - Testamentary Capacity
Testamentary capacity describes the person's legal and mental ability to make or alter the Will. Anyone that has drafted a Will must have been deemed with adequate testamentary capacity at the time of the drafting process. It is also establishing whether the testator is of sound mind and memory or disposing mind and memory. It will be presumed you have the ability to make a Will, but many cases of litigation in contesting the validity of a Will stem from the testamentary capacity of the testator and accusations that they were, by virtue of senility, dementia, insanity or other defects of the mind, lacking mental capacity to make a valid Will.
To challenge the mental capacity of the testator at the time of the drafting or amending of their Will is quite difficult prove as the key witness would be deceased, and the person contesting the validity of the Will, will have to show that the testator did not know the consequence of his conduct when he executed the Will. Some groups of people, such as minors and those under the Mental Health Act, are deemed to be incapable of making a Will.
To prove testamentary capacity to make a valid Will is that the testator is aware of, the extent and value of their property; the persons who are the beneficiaries; the disposition they are making; and how these elements relate to form the parts of the division of their estate. The presumption is then that the contesting heir is the one who believes they should receive a larger share under the Will. If the claimant meets the burden of proof that the testator did not possess capacity at the time of the drafting process, the burden will then shift to the party submitted the Will, to then go on and show by clear and convincing evidence that the testator did have the required capacity.
Those attempting to contest a Will through a claim of lack of testamentary capacity must show that the testator was deemed as being mentally unsound which meant that they were unable to remember family members and caused them to hold insane delusions. It is advised that anyone who is about to draft a Will, who's testamentary capacity may could come into question, should have the execution of the Will video recorded, and on that video be asked about their property, family and other parts of the Will so nothing is left out and there is no question of their mental capacity.
Specialists should also be brought into play to observe any signs of undue influence by a concerned party which may show how emotionally vulnerable the testator might have been at the time of the execution of the Will. This can be done by a forensic psychiatrist or psychologist, but studying the testator through video records of the drafting of the Will, emails, letters and any other records.
About the Author
I am a legal writer covering advice on topics of law, for further text and similar works visit contesting a Will or contact a solicitor today.
For more legal advice and information, and free legal resources visit lawontheweb.co.uk.
What is the mental capacity of a 1 year old.?
Im looking for articles or any general knowledge of the mental capacity of a 1year old, things that a 1yr old can adn cant do how mcuh tehy can remember , if they respond discipline, if they know why they do things or are they just doing them.
by 1yr old I meen exactly 12 months
no they don't respond to disipline. They're not quite old enough to really comprehend and understand what they are doing. They don't understand good from bad. In a few months they will probable start to talk and put faces with words.. if they don't already. Hope that helped 
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Tags: 2005, capacity, care, health, mental, mental capacity, mental capacity act, mental capacity act 2005, mental capacity definition, mental capacity test