Most adults retain their testamentary capacity until they die. However, sometimes people have severe medical challenges that compromise their ability to understand their circumstances.
In those cases, they may lack the capacity to draft a valid will. If the date of a will’s creation came after the onset of dementia, such as Alzheimer’s disease, family members may have grounds for a will contest.
Did the testator understand the situation?
When the courts hear will contests brought based on a lack of capacity, they generally require medical documentation and other evidence. A dementia diagnosis that predates the creation of the will can raise questions about its validity and the mental state of the testator.
However, it is important to recognize that some conditions, like Alzheimer’s disease, do not immediately render an individual unable to understand their circumstances. For the courts to agree that an individual lacked testamentary capacity, there must be proof that they couldn’t recall the names of their beneficiaries, struggled to remember what assets they owned or did not understand the impact the document might have.
If the courts agree that a testator lacked capacity at the time that they drafted a will, they may declare the document invalid. They may then defer to an older will if one exists. Otherwise, they may treat the estate as though the testator died without a will.
Reviewing the circumstances that raise questions about a will’s validity can help concerned family members understand their options. A will contest is sometimes beneficial in cases where an older adult drafted a document after experiencing cognitive decline or other medical issues that affected their testamentary capacity.
