Families in Texas sometimes question the validity of a loved one’s estate plan. After someone dies, the contents of their will may seem far different than the preferences they expressed while alive. Some families reach the conclusion that an outside party may have pressured the testator into changing their documents.
Other times, families believe that the testator may have made those choices of their own volition specifically because of diminished cognitive capacity. Concerned family members, heirs and beneficiaries in Texas sometimes take legal action specifically because they question an individual’s capacity at the time when they drafted an estate plan.
What do plaintiffs pursuing litigation based on a lack of capacity typically need to prove?
Even struggling adults may retain their capacity
Testamentary capacity relates to someone’s ability to understand their circumstances and the documents they execute. There is a presumption that most legal adults have the testamentary capacity to draft a will.
A diagnosis with a debilitating medical condition does not automatically eliminate an individual testimony capacity. For example, someone with Alzheimer’s disease may not have any problematic symptoms in the early stages of the condition’s development. To contest a will based on a lack of capacity, the people expressing concern usually need to prove that the testator was unable to understand their situation and the impact their documents might have on other people.
If the testator had reached a point where they could not remember the names of their immediate family members or the property they owned, then they may have lacked capacity at the time that they drafted their documents. The courts in Texas have established a relatively high threshold for a lack of testamentary capacity.
The burden of proof falls to the plaintiffs alleging that someone was incapable of drafting enforceable documents. They need to show that not only was an individual over a certain age or diagnosed with a certain condition but also that they struggle to understand their circumstances or the way their documents might affect other people. A combination of medical records and personal testimony is often necessary to convince the courts that an individual lacked capacity at the time that they drafted their documents.
Those concerned about the contents of an estate plan may need to review the situation carefully with the help of a skilled legal team before proceeding with probate litigation. Then, asserting that someone lacked capacity can potentially inspire the courts to review an estate plan carefully and might result in a judge setting certain documents aside.