Contesting a will on mental capacity grounds

On Behalf of | Feb 13, 2023 | Probate Litigation |

A key component of a will’s validity is that the grantor had the mental capacity to establish the document. In this situation, mental capacity refers to an awareness and understanding of the document and its implications as well as clear intent for its declaration.

When you suspect that a loved one lacked the mental capacity for their will, you may have grounds to contest it.

Can you show evidence of faulty reasoning, memory and mental awareness?

Contesting a will on mental capacity grounds requires evidence that the individual lacked the capacity to understand the document they produced. You need evidence of questionable behavior, clear memory issues and signs of struggling awareness.

What types of evidence do you have?

You need to gather your evidence before you file the will contest to be sure that you can support the claim. Evidence for mental capacity contests includes things like statements from family members and the attorney who handled the will. The witnesses who signed the will should testify as well.

Medical records are valuable evidence as well. If the medical records for the deceased show dementia treatment or questions of mental capacity, that evidence will support your claim as well. Medical professional testimony can help as well.

The more details you can provide to show the mental capacity of the deceased, the easier it is to succeed with your will contest. If you have any reason to believe that your loved one wrote their will without proper understanding of the effect of their actions, contest the will in probate court.