Some people draft wills and then never view them again. Others make regular changes throughout their lives until they die. Occasionally, the people reviewing the terms of a will after a person’s passing may question the legitimacy of those changes in the validity of the document.
Particularly in scenarios where the timing of a modification to a will raises questions about the cognitive capabilities of the testator, there may be reason to contest the will in probate court. Substantial changes that occur after the onset of dementia or cognitive decline may not be legally valid and enforceable.
A lack of capacity invalidates a will
Most adults have the legal right to create or update estate planning documents. So long as they retain their testamentary capacity, they can draft or modify legal documents.
If they understand their circumstances and the impact their documents could have, they retain total control over the terms of an estate plan. However, people struggling with dementia or profound cognitive decline may be incapable of understanding the consequences of the estate planning choices that they make.
If estate plan changes occur after an individual has begun struggling to name their beneficiaries or identify their personal property, there could be reason to question whether they had the legal capacity necessary to draft valid documents. A diagnosis on its own does not automatically and testamentary capacity. Instead, the individual’s actual capabilities are the main concern when the courts review a claim that they lacked the capacity to draft a will.
Reviewing medical records and estate planning documents can help people determine if a will contest is possible. Probate litigation provides an opportunity for concerned parties to challenge a will drafted at a point when a testator no longer understood the impact of their decisions and may have been vulnerable to influence from outside parties.