Wills may contain instructions that seem to contradict what a deceased individual previously discussed with their family members during their lifetime. In cases where the contents of an estate plan surprise or disappoint those closest to the deceased individual, people may consider taking action in probate court. Sometimes, family members question whether the deceased individual had the mental acuity to draft valid documents.
How can families prove that a testator lacked testamentary capacity when they created or updated a will?
Medical evidence can be helpful
Generally speaking, most adults have testamentary capacity from when they reach adulthood until they die. Proving that someone lacks testamentary capacity requires medical evidence or compelling testimony from people who could closely observe the testator.
Testamentary capacity essentially means that an individual understands the consequences of drafting a will. If the testator couldn’t recall the names of their beneficiaries or make a list of the assets they owned, there might be reason to question their capacity.
Medical records showing a specific diagnosis could help raise questions about testamentary capacity. Testimony from spouses, caregivers and others who witnessed an individual’s confusion could also be helpful.
The burden of proof is on plaintiffs in a will contest scenario. Reviewing the contents of the will, any previous documents the decedent drafted and their medical history can help people determine if they can pursue a will contest.
Successful probate litigation could lead to the courts setting aside a questionable will and either deferring to an earlier will or applying intestate succession laws to an estate. Knowing what to expect during probate proceedings and probate litigation can help family members manage a complicated situation as effectively as possible.
