Probate litigation related to the validity of a will often begins with one of a handful of concerns. Sometimes, family members believe that an outside party pressured the testator by exerting undue influence. Other times, they can clearly show that the terms included in the will violate state law.
Occasionally, they may have grounds for concerns based on the mental acuity of the testator at the time when they drafted their documents. A lack of testamentary capacity could be grounds to set aside a will during probate proceedings.
However, most people who are old enough to draft legal documents retain the legal authority to do so until they die. What do family members generally need to establish to contest a will on the basis of a lack of capacity?
Major medical challenges can be grounds for a contest
Occasionally, the date of the document’s creation can make it clear that an individual already had a debilitating medical condition at that point. Medical records can affirm that they already struggled with dementia or another medical condition that affected their ability to understand their situation and the documents they drafted.
When there are clear medical records affirming that an individual had diminished capacity at the time of a document’s creation, surviving family members may be able to contest the will. Presenting medical records that affirm an individual could not understand the impact of their choices can convince the courts to set aside the documents they drafted.
Proof of decline can also raise valid questions
Occasionally, older adults avoid seeing medical professionals because they do not want a diagnosis to strip them of their autonomy. Other times, their decline may have been slow enough to avoid triggering any red flags with health care providers.
Sometimes, concerned family members rely on a combination of witness testimony and other documentation to affirm that an individual lacked capacity at the time that they drafted or modified a will. Financial records showing that they repeatedly mismanaged their funds or fell victim to fraud could be helpful. So could testimony from neighbors, family members and caregivers who saw their confusion and inability to handle personal matters effectively.
Those intending to contest a will on the basis of a testator’s lack of capacity may need help gathering evidence and preparing for probate court. Learning more about what constitutes a lack of capacity can help make a difference for those hoping to contest a will.
