Unfair Will/Inheritance Act

Lack of Capacity

Undue Influence/Coercion

Lost Will

Missing Beneficiaries

Unclear Will

Negligent Solicitor

Lack of Capacity

Challenge A Will Due To Lack Of Capacity


Are you worried that someone made a will when they did not have mental capacity (known as testamentary capacity)?

We are experienced in representing parties in disputes about the validity of a will where the central question is whether the deceased had testamentary capacity at the time the will was drafted.

The test for testamentary capacity is not straight forward. Assessing testamentary capacity is particularly difficult because the person whose capacity is in question has died. In nearly all cases we need to obtain expert evidence from an experienced psychiatrist who will assess testamentary capacity based on a review of the deceased’s medical records.

We have experience acting for Claimants, Defendants and Executors in complex disputes about mental capacity.

In some cases we are able to represent clients in disputes about mental capacity under a no win no fee agreement. However, no win no fee agreement will not be possible in all disputes about mental capacity and whether a no win no fee claim is possible needs to be determined on a case by case basis.

Are you worried that someone made a will when they did not have testamentary capacity? If so, please telephone us to see if we can help.


Challenging a Will (a part of the law firm SheridanLaw LLP), 16 Princeton Mews, 167-169 London Road, Kingston Upon Thames, KT2 6PT,
Tel: 020 8541 1181 | Fax: 020 8549 7794 | DX 200911, New Malden | mail@sheridanlaw.co.uk.
SheridanLaw LLP is Limited Liability Partnership registered in England & Wales under number OC360693
and regulated by the Solicitors Regulation Authority under SRA number 555584