Will contests are one of the most common forms of probate litigation. Family members and beneficiaries of an estate may have questions about the validity of the documents in several different scenarios. Sometimes, their concerns stem from a belief that the testator did not understand the likely consequences of their actions. Asserting a lack of capacity is one of the legal grounds to challenge a will in probate court.
When is a contest based on the mental state of a testator an option?
State statutes establish clear guidelines
The requirements for a will contest brought on the basis of a lack of capacity are very clear in California. Generally speaking, most adults, even those dealing with mild memory issues, have the legal capacity to create or modify estate plans.
Those attempting to contest a will on the basis of a lack of capacity need evidence that convinces the courts that an individual was not capable of understanding their documents. Typically, there needs to be proof that an individual couldn’t recall the names of their beneficiaries or remember what assets they owned.
Other times, statements expressing confusion about the possible consequences of their documents could help affirm claims that an individual lacked the necessary capacity to draft a will. With appropriate medical documentation or witness testimony, it is sometimes possible to convince the courts to set aside a compromised will.
Reviewing the date of a will’s creation can help provide insight into whether family members may have grounds for probate litigation on the basis of a lack of capacity. If an individual didn’t understand their actions, then their estate documents may not be legally valid.