One potential reason for an estate dispute is when a beneficiary claims that the person who drafted the estate plan lacked the testamentary capacity to do so. This can call the validity of that estate plan into question.
That being said, it is generally assumed that a legal adult has testamentary capacity unless it can be shown that they lost it for some reason. So what are some of the potential reasons why this could happen, leading to an estate challenge?
A dementia diagnosis
Dementia is a degenerative brain disease that people sometimes develop as they age. If an elderly person has been diagnosed with it by a medical professional, that could indicate that they lack the mental ability to draft an estate plan or make updates to an existing plan. This would only apply to documents that were drafted after the diagnosis, however — not those that were drafted before they had dementia.
Memory loss
A similar issue is memory loss, which can sometimes come with disorders like Alzheimer’s disease. If an elderly person is struggling with memory issues and they leave someone out of their estate plan, for example, that person may claim that they were accidentally forgotten. It may not be clear whether the elderly individual meant to disinherit them or not.
Substance abuse
In some cases, drug or alcohol abuse could also lead to claims of a lack of testamentary capacity. If it can be shown that someone was under the influence of substances while they were drafting or updating their plan, then they may not have made rational decisions, and they may not have been “of sound mind” at the time.
Navigating a dispute
Accusations of a lack of testamentary capacity may cause an estate dispute. It is important for all those involved to understand exactly what legal steps to take.