Can you challenge a will prior to death?

A question about : Can you challenge a will prior to death?

Have found out my mums will has been changed 18 months ago, my step father also changed his at the same time. This will substantially affect the beneficiaries.
I say the will has been changed rather than changed because my mum was suffering advanced dementia at the time, she is now in a nursing home, only able to be fed and totally relies on the staff for all her needs. That she was able to sign this baffles myself and my siblings as she did not recognise us or could not function independently at all.
I know we can challenge this after her death but wondered if it would be cheaper to instigate this now. We have been devastated by our step fathers actions but fully appreciate he can do as he pleases but surely there must be something we can do as mum had already been diagnosed and was clearly mentally incapacitated.

Best answers:

• What you can do is gather relevant information regarding her mental status and capabilities to change her will. That way you will be well prepared to contest the will. Was this will change done using a solicitor?
• Solicotrs "judge" the mental capacity of the person .... certainly for PoA. The thing is, there's a period before somebody is actually deemed unable to cope, when they can appear to function to anybody who isn't in the know. To a stranger they seem to answer questions, know what's going on - in reality they're just covering up their incapacity giving the answers they think people want to hear.... and they can get by doing this for some time. Only family living with them day by day and watching for inconsistencies would be able to spot the true from the rubbish/nuts/untrue/fantasy.
  It's possible, therefore, that at the time the will was made, they could appear savvy.... but not be.
  They rely on/lean on those closest... fearful of what they know's happening to them, they defer all decisions to somebody else ... and if that person is in a position to manipulate them then it's a doddle.
• A will has no legal status until the willmaker dies, so no, you can't challenge it before that point.
  What you could do is obtain evidence about your mother's capability to understand what she was doing when she made the will If this predates the date of the will, which you seem to know and you also know the contents of the will, you may have grounds for a challenge.
  Additionally, if you feel your mother has been forced to make a will she couldn't understand, speak to Action on Elder Abuse for guidance.
• No you cant challange the will now
  A person with dementia can still make or change a will if they can show that they understand what they are doing and what the effects of it will be: this is called 'testamentary capacity'. Their solicitor will decide on this, sometimes after taking medical advice. People who no longer have 'testamentary capacity' because of their dementia cannot make or change a will, however their spouse or partner may still want to change their own will.
  Look here also
  https://www.dementiaweb.org.uk/wills-and-dementia.php
• Thanks everyone, it looks like we will have to wait for my mums death. The solicitor I feel was happy to take the fee but certainly was either negligent or stupid. One of the tests my mum had to do when assessed by the psychiatrist was to write on a straight line, she was unable to do this. Maybe she signed with an x.
• I am sure you are right. The legal profession always come out on top. If my mum survives for a decent length of time then the money may well be swallowed up by the authorities anyway. Think we are just a bit disappointed with my step father as he has been in our lives since my dad died when I was eleven, forty three years ago. Never mind, time will tell.
• Do you have the previous will or a copy.
• No copy of the original will, although saw it at the time. Very difficult as anything we do now will probably have us written out of his will as well. I know he feels very bitter that he was left in this position regarding mums health. Not sure what to do now, can't just ignore it and carry on as we know that mum would never have included two men in her will that she had never met.
• Was the new will witnessed properly.
  If there is no old will or a copy that can be referenced that could complicate since it could well end up intestate.
  I think you need to get some seriously good legal advice.
• Both wills done through the same solicitors so they will have a copy. My brother is writing to them alerting them to the situation and asking if they felt it right to issue a new will in the circumstances. Will see how they respond, unfortunately, they do not have the best reputation in town.