PT-2022-000261 - [2025] EWHC 2060 (Ch)

understand the nature of her act, i.e. making a will, and its effects;

understand the extent of the property of which she is disposing;

comprehend and appreciate the claims to which she ought to give effect.

She must not be subject to any disorder of mind as shall “poison [her] affections, pervert [her] sense of right, or prevent the exercise of [her] natural faculties”.

The burden is on the person seeking to establish the will (‘the propounder’) to establish capacity;

Where a will is duly executed and appears rational on its face, then the court will presume capacity;

An evidential burden then lies on the objector to raise a real doubt as to capacity;

Once a real doubt arises there is a positive burden on the propounder to establish capacity.

See Key v Key citing Ledger v Wootton [2007] EWHC 2599 (Ch), [2008] W.T.L.R. 235 at [5].