What happens if a friend or family member lacks the capacity to manage their own financial affairs?

Where a person dies leaving no Will (Or no valid will) at the date of their death, they have died intestate.

The most common challenges are based upon allegations of lack of testamentary capacity at the time that the instructions were given for the Will and undue influence. 

I often have clients say to me that they do not need a Power of Attorney as they are not old enough to need one yet, and when the time comes they will make one.

A common question asked by clients when we are advising on the administration of a person’s estate is “What is Probate?”

Challenges to a Will often involve issues of testamentary capacity, knowledge and approval and undue influence.

It is correct to say that we can all decide not to make a Will or to make a Will leaving our assets to whoever we please (after liabilities and any tax is dealt with).

In simple terms challenging the validity of a will or a claim relating to a grant of probate is a ‘probate claim’. Special procedural rules apply.