Legal News | 14.05.26

Did your loved one understand their Will?

Did your loved one understand their Will? How courts decide on mental capacity and ‘knowledge and approval’

When a Will departs radically from long-held intentions or is made late in life, two issues often come under close scrutiny: whether the testator (the person making the Will) had the necessary mental capacity to understand what making a Will involves, and whether they had knowledge and approval of its contents. These questions frequently sit at the heart of contentious probate disputes.

What does “capacity” mean in law?

The legal test for mental capacity when making a Will comes from an old case called Banks v Goodfellow (1870). In simple terms, the court asks:

• Did the person understand the nature and effect of making a Will?
• Did they know the extent of their property?
• Did they recognise those who might expect to benefit?
• Were they free from any mental disorder influencing decisions?

Capacity is task‑specific and time‑specific. Dementia or cognitive decline does not automatically mean a lack of capacity. Judges rely heavily on medical notes and solicitor records from around the time the Will was made.

What is “knowledge and approval”?

Even if capacity exists, the Will can fail if the person didn’t understand and approve its contents, especially where:

• The Will makes radical changes from previous versions
• There are unexpected exclusions or gifts
• The person was vulnerable or reliant on others

Solicitors often follow the Golden Rule, obtaining a medical opinion for elderly or seriously ill clients to reduce later disputes.

Case in point: Langley v Qin (2024)

In this widely reported case, the court set aside a late‑life Will for undue influence and lack of capacity. The Will departed dramatically from earlier intentions and was made when the testator was highly vulnerable, illustrating how capacity concerns combined with suspicious circumstances can lead to a successful challenge.

How can we help?

If you’re worried about capacity or comprehension, we can help gather:

• GP or consultant notes near the Will date
• Any formal capacity assessments (especially if the Golden Rule was followed)
• The Will file from the drafting solicitor
• Witness statements from those present at execution
• Copies of previous Wills for comparison

It is important to act quickly if you have concerns. Challenges often require urgent steps, such as entering a caveat to halt probate while evidence is fresh.

If you are concerned about capacity or whether a loved one fully understood their Will, our Contentious Probate Team at Wansbroughs offers an initial no-obligation 20-minute discussion.