Family members may potentially have questions about the legitimacy of a loved one’s estate plan. In some cases, documents may be quite outdated. Other times, family members may believe that a particular person inappropriately influenced the testator to include terms for their benefit.
Occasionally, the main issue may be the possibility that the testator lacked the necessary capacity to establish legally binding documents. Individuals must have testamentary capacity to establish an estate plan that holds up in probate court. People often refer to testamentary capacity as being of sound mind.
At what point could an ailing or aging individual lack the necessary capacity to draft estate planning documents?
Most adults have testamentary capacity
There is no specific age at which people lose their ability to draft valid estate planning documents. Instead, there is a general presumption that most people have the necessary testamentary capacity once they become legal adults.
Typically, those contesting a will on the basis of a lack of capacity need compelling evidence to show issues that undermined the testator’s capacity. Some people never have testamentary capacity because they have lifelong mental health or developmental disabilities. Those with conditions that leave them incapable of understanding the world may not be able to establish an estate plan or create other legally binding documents.
Those who develop debilitating conditions during adulthood may also lack the capacity to draft estate planning documents. Dementia affects people’s ability to understand the world around them and recall important information. Those diagnosed with dementia or conditions like Alzheimer’s disease may no longer be able to draft legal estate planning documents on their own behalf. Most people retain their testamentary capacity throughout their golden years.
Without medical records affirming specific conditions, those contesting a will based on a lack of capacity have to show that an individual struggled to recall what assets they owned or the names of their beneficiaries. Obvious confusion about the impact of their documents could also indicate a lack of capacity. The burden of proof falls to those challenging the validity of estate planning paperwork based on a lack of capacity.
Discussing the timing of an estate plan and any health challenges of a testator with a skilled legal team can help people establish whether they have grounds to initiate probate litigation. Those who contest a will based on lack of capacity generally need proof that a testator was not in the right condition to establish legally binding documents.