Probate litigation may arise due to concerns about the conduct of a personal representative in some cases. Much of the time, however, litigation seeks to raise questions about the validity of estate planning documents.
Most people have the right to choose whatever distribution of property they feel honors their personal values and commitments after their passing. However, those experiencing profound age-related medical challenges or cognitive decline may not be in a position to draft legally valid estate planning documents. Family members can potentially contest a will by raising questions about the deceased party’s capacity when they signed the document.
What constitutes a lack of capacity?
Traumatic injuries, age-related decline and dementia, as well as serious mental health challenges, can all reduce an individual’s testamentary capacity. To have the authority to sign binding legal documents, individuals must understand what those documents say, the impact the documents could have on others and their personal circumstances. People who cannot name their beneficiaries or their personal property may not be in a position to create or update an estate plan.
Diagnostic paperwork and witness statements affirming that an individual’s capacity was compromised by the time they drafted a will could convince the court to set aside a will drafted without testamentary capacity. In such cases, the probate courts can either refer to a prior will drafted by the same party before their health changed or used intestate succession laws to ensure the protection of immediate family members.
Explaining concerns about an individual’s capacity to a probate litigation attorney can help surviving family members. When there’s proof of a lack of capacity, the courts may agree that a will is not valid due to the deceased’s testatory state of mind when they signed.