Wills are often the only documents governing estate administration. People rely on wills to designate personal representatives and outline the distribution of their property after their passing.
In some cases, people creating wills make mistakes that invalidate their documents. Other times, they may not be in the right state of mind to draft valid legal instruments.
Can those surprised by the contents of a will contest the document at issue based on the medical challenges of the testator around the time they drafted the will?
Wills require testamentary capacity
Typically, people must have testamentary capacity to establish a will. In plain English, they need to understand their circumstances and the documents they sign.
Concerned parties can allege a lack of capacity if there were medical issues that may have interfered with an individual’s ability to create valid documents and understand their circumstances. The standard for proving a lack of capacity is relatively high.
People need proof that an individual did not recall what assets they owned, could not name their chosen beneficiaries or was unable to comprehend the impact that the documents might have. In cases where concerned parties can show that major medical issues, such as Alzheimer’s disease or other forms of dementia, undermined a person’s understanding of their circumstances, then a will contest brought on the basis of a lack of capacity might be possible.
Reviewing circumstances that raise questions about an estate plan with a skilled legal team can help family members and other likely beneficiaries assess their options in informed ways. Probate litigation can protect those who depended on a decedent and may also help uphold the true wishes of a person who has died.
