Families usually do everything they can to uphold the will of a deceased individual. They want to carry out that person’s last wishes and fulfill their intended legacy. However, sometimes families end up questioning whether the terms in a will are appropriate.
For example, there may be concerns about questionable or illegal terms in an estate plan. Sometimes, families may believe that an outside party manipulated the testator. Other times, they may believe that the estate plan is inaccurate because of the mental state of the testator when they drafted the documents.
Adults must have testamentary capacity to create legally viable estate planning documents. If they lack capacity, other people can challenge the validity of their will. When are questions about testamentary capacity reasonable and appropriate?
Most people retain testamentary capacity indefinitely
There is no set age at which people lose their testamentary capacity. Most people obtain capacity when they become legal adults on their 18th birthday. They can begin making decisions on their own behalf, which may include establishing an estate plan.
They retain that authority as long as they maintain a baseline level of mental health and awareness of their circumstances. The parties alleging that a testator lacked the necessary testamentary capacity have to present compelling evidence to the courts.
They generally need to prove that a testator was incapable of understanding their actions. Someone who can no longer remember the names of their beneficiaries likely lacks testamentary capacity. The courts may also question the capacity of an individual who cannot recall what assets comprise their estate. There may also be questions about testamentary capacity in scenarios where testators were unaware of how their estate plans could affect their loved ones.
Certain medical conditions, including particularly severe mental health disorders or dementia, can diminish an individual’s testamentary capacity. Proof of a diagnosis, statements from witnesses present at the signing of the documents and testimony from those aware of the confusion experienced by a vulnerable adult could all help prove claims of a testator lacking the requisite capacity to draft a will.
Reviewing family circumstances can help people determine whether pursuing probate litigation based on claims of a lack of capacity is a reasonable decision. If a testator truly was did not have the capacity to understand their documents or their circumstances, the courts may agree to set a will aside because of their diminished capacity.