Wills must be voluntary, made without duress or undue influence

One of the most important functions of a solicitor when making a will for somebody is to ensure that the person is capable of doing so. This is referred to as the person having the “capacity” to make a will.

The law presumes a will to be valid, unless it can be proved otherwise.

The person making the challenge must show that the person who made the will did not understand that he or she was making a will, that he or she did not know the extent of his or her estate or how he or she wished to dispose of it.