A will includes details about an individual’s last wishes. Testators can provide information about the distribution of their property to their chosen beneficiaries. They can nominate a guardian to care for their children or designate a personal representative to oversee estate administration.
Families usually follow the terms established in wills carefully to uphold the wishes of their loved ones. However, sometimes there are issues with the will. It may include surprising terms that contradict the decedent’s statements to their family. In such cases, people may have reason to question the validity of the will. It is possible to contest a will if there are specific complicating factors present. A lack of testamentary capacity is one of the more common reasons that people ask the probate courts to set aside a will.
When do concerned individuals have legitimate cause to question the capacity of the deceased testator?
Every case is unique
There is no specific age at which an individual becomes incapable of estate planning. Most people can draft a will at any point once they become legal adults. They can draft replacement documents, modify existing plans or add additional documents to their estate plan at any point in their lives.
There is no age when a person automatically loses their testamentary capacity. Those concerned about the testamentary capacity of a testator on the date when they drafted documents must prove that the situation warrants their concern.
To prove that an individual lacked capacity, plaintiffs initiating probate litigation have to establish that the situation meets a very specific standard. In some cases, a diagnosis of dementia received prior to drafting the documents could be indicative of a loss of capacity.
Testimony and evidence that a person could no longer understand their circumstances could also help establish that they lacked the necessary capacity to draft a will. If the testator could not name their beneficiaries or assets, then they may have lacked the capacity necessary to draft documents. If they indicated an inability to understand the practical implications of their documents, that might also provide the basis for a will contest based on a lack of capacity.
People concerned about the contents of a will may need to discuss the situation with a probate attorney. Proving that a will contest is necessary requires compelling evidence of diminished capacity in most cases.