A testator (the person who drafts a will) must have sufficient mental capacity. They must understand the nature of the testamentary act (that they are drafting a will), be aware of the nature of their assets and know their relations to the beneficiaries and those who will be affected by the will, such as creditors. If a testator is not of sound mind, a will can be invalid.
Lack of testamentary capacity is one of the grounds to contest a will. In California, the burden of proof in estate litigation lies on the person challenging the will. You need to gather adequate evidence to prove your loved one was not of sound mind when drafting their will. Here are three pieces of evidence that can help you:
1. Medical records
If your loved one drafted or updated their will when suffering from a mental illness, get medical records that show they were diagnosed or receiving treatment for the condition. Notes from your loved one’s doctors can also serve as evidence.
Further, an expert witness can strengthen your case. A medical expert can analyze the medical records and offer opinions on how the testator’s condition or medications would have affected their cognitive function or memory.
2. Witness testimony
It can be beneficial to obtain statements from people around your loved one at the time in question, including family members, friends, caregivers or even healthcare providers. They can provide crucial information about the testator’s behavior and cognitive abilities.
3. Personal writings
Diaries, letters and emails can prove a testator lacked testamentary capacity, as they may offer valuable insights into their overall mental state. For example, writings that show confusion or inability to understand basic facts can support your claims.
Contesting a will requires sufficient evidence. Learn more about challenging an estate plan to protect your loved one’s legacy.