For a will to be valid after a testator dies, it must conform to numerous legal requirements. One of the most critical is that the person who drafted the document was a legal adult testator who was of sound mind.
People expecting to inherit from an estate are sometimes shocked and confused by the terms included in a will, as they may contradict the previous statements made by the deceased individual about their intentions. They may then begin to question the mental state of the testator, which may help explain the unexpected terms in the will.
Especially if a will was drafted or drastically altered later in a testator’s life, people may have reason to question the testamentary capacity of the testator when they drafted their will. That could lead to a will contest in probate court.
What is testamentary capacity?
Testamentary capacity is essentially the capability to enter into a legally binding agreement. An individual must be aware of their personal circumstances and able to comprehend the agreement they intend to sign.
For the purposes of estate planning, testamentary capacity usually involves being able to identify one’s assets, name intended beneficiaries and understand how a will could affect those beneficiaries. Adults with severe medical challenges may not fully comprehend the documents they execute, which may then undermine the validity of those documents.
Concerned individuals can review medical records and other evidence with a will contest lawyer to determine if they have adequate grounds to initiate probate litigation. A successful will contest can prompt the courts to set aside compromised documents.