People tend to respect the terms included in a will. They want to uphold the wishes of the person who died. Families typically rely on wills to identify the beneficiaries of an estate and appropriately distribute the assets of the deceased individual among those beneficiaries.
In some cases, family members reviewing the will may feel surprised and even disappointed by its contents. In some cases, the testamentary instructions provided by the decedent may contradict statements they made about their wishes. If families have reason to believe that those unexpected estate terms are the result of a testator’s declining health and cognitive capabilities, they may have grounds to contest their will.
Most adults have the ability to estate plan
Creating a will is one of the basic rights extended to adults. People have the authority to decide what happens with their assets while they are alive and also who receives those resources from their estate after they die.
People who are legal adults typically have the right to create an estate plan. The only real limitations on that right stem from a lack of testamentary capacity. If concerned parties can show that an individual did not understand their circumstances when drafting an estate plan, that might convince the courts to set aside a compromised testamentary instrument.
The standard for testamentary capacity is relatively low. An individual needs to be aware of their holdings and be able to name their beneficiaries. They also need to have a realistic understanding of what impact their documents might have. Proving that an individual lacked capacity requires compelling evidence of cognitive decline or significant medical challenges.
A diagnosis of dementia that predates the date of the will signing could raise questions about the testator’s capacity. Even without a specific diagnosis, financial records, medical information and witness testimony could convince the courts that an individual was no longer in a position to establish a legally-binding estate plan.
If the courts agree that a testator lacked capacity when drafting their will, there are generally two solutions available. The courts could defer to an earlier version of the will if there is one available. Other times, they may choose to apply intestate succession laws to the estate. They treat the situation as though the testator died without an estate plan.
People concerned about the contents of a will may need help evaluating the situation and exploring their options, and that’s okay. Contesting a will via probate litigation can sometimes be the best option available to those concerned about the validity of estate planning documents.