Careful consideration is typically necessary to establish an effective estate plan. People need to think carefully about the needs of their loved ones and what resources they have in their names.
They may need to plan to protect their resources from creditor claims or estate taxes. Some people wait until their golden years to finally create a formal estate plan. Many others modify their documents sporadically throughout their later years.
In some cases, the date of a document’s creation may give family members pause. They may question whether their loved one had the capacity to understand the impact of their choices at that point in their life. They might then be able to pursue a will contest.
Testators must understand their documents
For a will to be valid, it has to meet certain legal requirements. The testator must also meet certain standards. Generally speaking, they need to be aware of their situation and of the impact that the will they draft could have.
If family members intend to contest a will on the basis of a lack of testamentary capacity on the part of the testator, then they need supporting evidence. Frequently, that evidence comes from medical records.
Proof of dementia or significant cognitive decline could validate a claim that a testator lacked capacity when they drafted the will. In some cases, testimony from friends, family and caregivers might be necessary to show the courts that an individual couldn’t understand the documents they drafted, list their assets or name their beneficiaries.
Without testamentary capacity, a will may not be valid and enforceable during the probate process. Heirs and beneficiaries concerned about the terms included in a will may need to seek out legal assistance as they evaluate whether they can contest that will.