People’s mental acuity may decline as they age. Some people develop truly debilitating medical conditions, such as Alzheimer’s disease. Others simply become increasingly more confused and may struggle to manage their own affairs.
Typically, grieving families want to uphold the final wishes of a deceased loved one as outlined in their will. However, if they wrote or changed their will later in life after they began struggling, there may be reason to question the validity of it. Pursuing a will contest on the basis of a lack of capacity is sometimes an option.
The burden of proof falls to the plaintiff
There is a general presumption that adults have the necessary testamentary capacity to create a will and other legally-binding documents. Those contesting a will based on an individual’s mental state when they drafted the document must prove that there were issues with an individual’s capacity.
Medical records showing a pre-existing diagnosis with a serious medical condition could help substantiate claims that a testator lacked capacity. Testimony from family members and caregivers, financial records and other evidence can also raise questions about the older adult’s capacity.
If the court agrees that an individual could not understand their circumstances or the impact of the document they signed, the courts may set aside the compromised will. It may be possible to defer to an older will, if there is one. If there isn’t a will that’s determined to be valid, the court may apply intestate succession laws to the estate.
Reviewing the circumstances that may justify a will contest can help people understand their options. A lack of capacity can lead to a legal challenge against a will, but the parties pursuing probate litigation must have evidence supporting the will contest. Getting experienced legal guidance can help.