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UKSolicitorJA
UKSolicitorJA, Solicitor
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Can a will be changed (codicil )?

Customer Question

Can a will be changed (codicil )?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Yes, a Will or Codicil may be contested and one of the common grounds for contesting Wills (and Codicils) is that the person who made the Will (or Codicil) did not have mental capacity at the time he/she made it.

It is up to whoever is contesting the Will to prove that the person did not have mental capacity as alleged.

If a doctor is present when the person made the Will and is satisfied that the person had sufficient mental capacity to make the Will, this will be good evidence to show that the person had mental capacity.

Ultimately, it is a matter for the court to decide whether or not the person had mental capacity based on the evidence presented to the court.

Hope this helps

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