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How can family members prove a lack of testamentary capacity?

On Behalf of | Feb 4, 2025 | Estate Litigation |

It’s not uncommon for disputes to arise over a last will and testament among the family members of a deceased. This is particularly expected if family members suspect the deceased lacked the mental capacity to make informed decisions regarding their estate. 

Proving a lack of testamentary capacity is one of the most common legal grounds for contesting a will. However, interested individuals need strong evidence and a well-prepared legal argument before they can pursue legal recourse. 

What is testamentary capacity?

An individual’s testamentary capacity is their legal and mental ability to make or update their will. There are four fundamental requirements for testamentary capacity:

  • The owner of the will should understand the value and significance of making a will
  • The testator must be familiar with the full extent of their estate and assets
  • The owner of the will should understand the concept of beneficiaries 
  • The testator must not have a mental disorder that might influence their decision-making

If a testator fails to meet these conditions due to cognitive impairment, undue influence or mental illness, the will may be deemed invalid.

Evidence to prove lack of testamentary capacity

The testator’s medical history is one of the surefire ways for family members to prove a lack of testamentary capacity. The family members can have a valid reason to contest the will if they can prove that the testator suffered from conditions such as: 

  • Dementia
  • Alzheimer’s disease 
  • Severe mental illness 

The testator’s medical records could help establish that they lacked the required cognitive ability to establish a valid will. Additionally, expert testimony from doctors, psychologists or geriatric specialists can provide insight into how these conditions may have affected the testator’s decision-making abilities.

A sudden or unexplained change in an estate plan may also suggest a lack of testamentary capacity. If the testator made abrupt decisions that contradict their previous wishes without a reasonable explanation, it may indicate that they were not of sound mind when drafting the final will.

Proving a lack of testamentary capacity when challenging a will is a complex legal process that requires substantial evidence. Family members should rely on medical records, past estate planning documents and hands-on legal guidance to build a strong case. If successful, the contested will may be overturned, helping to ensure that the deceased’s estate is distributed in a way that more accurately reflects their true intentions. 

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