Personal representatives and the people closest to the decedent usually want to uphold their last wishes. In some cases, they may have questions about the validity of the will or other estate planning documents.
Family members may feel confused about the terms included in the estate plan. They may also note that the testator drafted the document after their cognitive abilities began to decline. Could people contest a will if they believe there is reason to question the testator’s capacity?
Adults benefit from a presumption of having capacity
Once an individual reaches adulthood, there is a basic legal assumption that they have the ability to enter into contracts, dispose of their assets and otherwise make decisions on their own behalf. Most people retain that capacity for the entirety of their lives. Only those who experience significant medical challenges lose their testamentary capacity.
Family members and others who expected to inherit from an estate have to gather evidence showing that a testator lacked capacity at the time that they drafted a will if they want to take legal action. Medical records showing that an individual had dementia could help convince the courts that they may have lacked capacity. Testimony from friends, family members and caregivers could also help support claims that an individual didn’t understand their circumstances or the impact of the document.
Should the will contest succeed, the courts can set aside the compromised will in favor of an earlier document. They can also apply intestate succession laws that protect spouses, children and other close family members.
Reviewing concerns about the contents of a will with an attorney can help people determine if they may have grounds for a will contest. Probate litigation is sometimes necessary in cases where there are issues with testamentary instruments.