Will contests can strain family relationships and extend the timeline for estate administration. However, people sometimes need the courts to review the legitimacy of estate planning documents.
In specific scenarios, will contests are possible. Typically, there need to be issues with the documents or concerns about the testator’s state of mind while drafting them. Interested parties may question whether a testator had the necessary capacity to draft valid documents when they signed their will.
When can people claim a lack of testamentary capacity as grounds for a will contest?
Most adults retain their capacity
There is no age at which an individual suddenly becomes incapable of establishing an estate plan. People generally acquire the legal authority to draft a will when they turn 18, and they can retain that testamentary capacity indefinitely.
To bring a will contest on the basis of a lack of testamentary capacity, plaintiffs must prove that the testator could not understand their circumstances and the impact of the documents they drafted. Frequently, medical records help corroborate claims that an individual lacked capacity. Conditions such as Alzheimer’s disease can prevent people from remembering who their beneficiaries are and what assets they own.
Without clear diagnostic records, testimony from health care professionals, daily care providers and the inner circle of an individual could help. If they could no longer remember key details or understand their circumstances, they may not have been in a position to create or adjust an estate plan.
Pursuing a will contest on the basis of a lack of capacity requires specific evidence. Individuals hoping to challenge a will may need to review the situation with a professional to determine the strength of their case, and that’s okay.
