Testamentary capacity refers to the mental soundness required to create a valid will or trust. In probate litigation, challenging a document on grounds of lack of capacity is common when the testator suffered from dementia, illness, or other impairments. If a will doesn’t reflect the deceased’s true intentions due to incapacity, it can be contested. Understanding this can help beneficiaries seek justice. Here’s an overview.
Defining Lack of Testamentary Capacity
Capacity requires the testator to:
- Understand the nature of their assets.
- Know the natural objects of their bounty (family/heirs).
- Comprehend the act of making a will.
- Be free from delusions affecting disposition.
Conditions like Alzheimer’s or medication effects can negate capacity.
Why It Leads to Disputes
Incapacitated testators may be easily influenced, resulting in unfair distributions and family conflicts.
Contesting Wills on Capacity Grounds
- Evaluate Timing: Capacity is assessed at the exact time of signing.
- Collect Medical Evidence: Obtain records, doctor notes, or expert opinions on mental state.
- Identify Witnesses: Gather statements from those present during execution.
- Initiate Litigation: File a will contest in probate court promptly.
- Engage a Lawyer: Professional help is crucial for building a case with forensic psychiatrists if needed.
Outcomes and Remedies
A successful challenge may void the will, leading to prior documents or intestacy rules governing distribution.
Defend Your Loved One’s Legacy
Lack of capacity can invalidate even well-drafted estates. If you believe a will was signed without proper mental faculties, our experienced attorneys can assist contesting wills. Contact us for a free consultation today.
