When a person has testamentary capacity, they are able to write a will and draft an estate plan. This capacity indicates that they have the mental ability to understand the legal process of writing a will, that they are of sound mind, and that they understand the decisions they are making. The estate plan truly reflects their wishes.
The average person who is in good health does have testamentary capacity. But there are some cases in which it could be argued that they do not, which could call any estate planning documents into question. In some cases, this will lead to a will contest or a challenge to the estate plan.
A medical diagnosis
There are some situations in which testamentary capacity could be called into question due to the person’s own actions. If they were under the influence of alcohol or drugs while drafting their estate plan, for instance, beneficiaries may claim that they did not actually understand the decisions they were making.
But most of the time, the issue is that they have received a medical diagnosis, often for a degenerative brain condition. For instance, they may have Alzheimer’s disease or dementia. As the disease progresses, even with treatment, they may become forgetful or not mentally grasp the process they are going through.
Not only is this important when they are initially creating an estate plan, but also when they are making updates or changes. Even if someone wrote a will when they were young and had testamentary capacity, if they tried to alter that will after such a diagnosis, it could open the door for potential estate disputes.
Navigating an estate challenge
This is just one potential reason for an estate challenge, but it could cause serious conflict for family members after a loved one’s passing. It is important for all involved to understand exactly what legal rights and options they have at this time.
