Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

Capacity

  • Call us now on 01425 278866
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

General Requirements

For a Will to be valid it must be shown that the person making it was of a ‘sound mind’ when it was made. This means that they must be aware of the following principles:

  • the nature of the act (i.e. the making of the Will) and it’s effects
  • the extent of their property passing under the Will
  • how the estate will be distributed amongst the beneficiaries and the effect of such distribution
  • know and approve of the contents of the Will at the time it was executed

The statutory presumption of capacity has been enshrined in legislation under the Mental Capacity Act 2005 – it is assumed that a person has capacity until the contrary is proved. As a result, any person seeking to challenge capacity must prove that the person who has made the Will lacked capacity at the time it was made.

Challenging a Will

A Will might be challenged if it was executed and the person making it:

  • was so affected by alcohol or drugs that they did not understand their actions; or
  • was forced to make the Will under duress or undue influence.

As a general principle, there is a rebuttable presumption that the person making the Will knew and approved its contents unless they were unable to speak, had a visual impairment or suspicious circumstances arise (i.e. the Will substantially benefits the person who made it or a close relative of that person).

Why use a Solicitor

Having your Will drafted by a Solicitor provides you with confidence that they would not take your instructions if they were not satisfied that you had capacity at the time you made the Will.

We are required to keep attendance notes when we take instructions initially and also when the Will is signed. Therefore, if the Will is challenged your Solicitor will be able to provide evidence that at the time it was made you had the requisite capacity.

  • Jennifer Attrill

    Jennifer Attrill
    Solicitor

  • Christine Jones

    Christine Jones
    Chartered Legal Executive

  • Andrea Rohr

    Andrea Rohr
    Consultant Solicitor

  • Roger Turner

    Roger Turner
    Consultant Solicitor

prev next

Talk to one of our solicitors

At Kiteleys we are always happy to help. We believe that the law should be easily accessible, so if you have any questions for our Private Client solicitors
Call us on 01425 278866 or enquire online.

Latest legal news:
by

Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.