proof of capacity/who plaintiff or defendant?

[mitchelstown]

As I am new to this forum, please accept my apology if this on the incorrect thread, and if it should be, could someone please kindly inform me as to the correct procedure.

In the challenge to the validity of a Will because of questionable capacity, does the proof lie with those attempting to prove the Will, and if they can't provide any statement from the treating doctor/s what are the remaining course available to them?

 

[dereko1969]

really should check this with your solicitor rather than random people. Trying to prove someone did not have capacity is the responsibility of the person challenging the will, i would think, but I'm not a solicitor.

 

[Johnno75]

@mitchelstown You have already opened a separate thread on the issue of testamentary capacity. Why open another one?

Are you not content with the advice your Solicitor is giving on the issue?

A will is presumed valid on its face. It is therefore for the person bringing the challenge to prove its invalidity.