Watching a loved one decline as they age can be very challenging. The changes in their personality, their inability to live independently and their confusion can all be profoundly painful to witness. In some cases, families may continue to feel the effects of a loved one’s dementia or similar medical challenges even after their passing. There may be questions regarding their mental state when they created or modified their estate plan.
What can families do when they question whether a loved one had the legal capacity to draft legal instruments?
Lack of capacity may affect a will’s validity
Generally speaking, all adults of sound mind have the legal right to draft wills and other estate planning documents. However, some people may lose that capacity or may never acquire it due to medical challenges.
Conditions like dementia can prevent people from understanding the consequences of their actions. For an individual to have testamentary capacity, they generally need to understand the impact of their estate planning choices. They should also be aware of their circumstances, including understanding who their beneficiaries are and what assets they own.
In scenarios where families have compelling evidence that an individual lacked testamentary capacity at the time when they drafted a will, a will contest may be possible. Families can ask the courts to set aside compromised documents in favor of previous documents or the application of the state’s intestate succession laws.
Probate litigation may be the only way to prevent the decline of an individual in their golden years from permanently altering their legacy. Grieving families facing challenging legal circumstances often need help understanding their rights and options under the law, and that’s okay.