Most wills represent careful planning on the part of a testator. They leave resources for the people and causes that matter the most to them. They often take great care to allocate their most valuable assets in a reasonable fashion while minimizing tax liability.
Frequently, testators establish their estate plans years before they pass. However, some people wait until they have already retired or experienced medical issues to draft testamentary instruments. Their loved ones may then question the validity of the document.
Particularly when an estate plan does not seem to align with an individual’s prior statements, families may question whether diminished capacity impacted the terms of the document.
A lack of capacity can invalidate a will
Most adults have testamentary capacity. Once they reach legal adulthood, they can draft documents clearly describing what should happen with their assets when they pass. Their wishes supersede the theoretical rights of certain heirs in most cases.
Still, interested parties can sometimes contest or challenge a will by asserting that an individual lacked capacity. That claim essentially means that the testator did not understand the document or their circumstances at the time when they signed the will.
A medical diagnosis received shortly before the will’s creation could be indicative of a lack of capacity. Conditions such as Alzheimer’s disease can prevent people from understanding their circumstances, recognizing their beneficiaries and naming their assets. There could also be less conclusive evidence of cognitive decline, such as witness statements that affirm an individual was confused and unable to understand the impact of their estate planning decisions.
Reviewing the signing date on the document and the history of the testator can help families determine if a will contest is possible. Probate litigation to set aside a compromised will can help uphold a testator’s true intended legacy.
