People can contest or challenge wills in several specific scenarios. Kentucky law allows for will contests if an outside party exerts undue influence on the testator. People can contest a will by alleging it is inaccurate or that it violates the law.
There can also be contests based on the mental state of the testator at the time they drafted their documents. People sometimes allege that a testator lacked capacity because of their advanced age or other factors.
Is the age of a testator at the time they drafted or updated a will reason to contest the documents they drafted?
Age alone does not diminish testamentary capacity
Contrary to what people sometimes assume, not all older adults experience cognitive decline as they age. Therefore, a testator simply being of advanced age when they planned their estate or updated their documents is not justification for surviving family members to contest their will.
Those alleging that a testator lacked capacity have to establish that the individual had trouble understanding their circumstances or the implications of the documents they created. The probate courts in Kentucky operate under the presumption that most adults have the capacity to establish wills and other estate-planning documents.
Families hoping to contest a will based on a lack of capacity need evidence supporting their claims. Medical records, witness statements and other forms of evidence can help show that an individual suffered a provable degree of cognitive decline and may have been incapable of establishing valid paperwork because of their mental state.
Discussing the circumstances surrounding the estate and the will in question can help people determine whether probate litigation is worth the time and expense. Allegations of a lack of capacity require proof other than the advanced age of the testator to be successful.
