There are a limited number of legal reasons why people might pursue litigation against an estate. Sometimes, people have reason to suspect that an outside party may have unfairly influenced the estate plan by pressuring the testator when they were vulnerable. Other times, the document may include illegal terms that the courts cannot enforce. In some cases, people may be concerned about the mental state of the testator at the time when they established the estate plan.
Most people have testamentary capacity for their entire lives after becoming adults. However, certain medical conditions can compromise an individual’s ability to understand their circumstances and draft legally-binding documents. What types of medical issues might justify claims that a testator lacked testamentary capacity?
1. Dementia and related conditions
People can develop medical challenges that affect their ability to understand the world around them. Dementia is a debilitating condition that renders a person incapable of understanding their situation and acting in their own best interests. Alzheimer’s disease and other conditions that cause dementia could provide the necessary justification to contest an estate plan.
2. Severe mental health challenges
There are several kinds of mental health issues that prevent people from acting in their own best interests. There are also mental health conditions that affect people’s ability to understand their actions and the consequences of their choices.
If there is documentation of a testator having a serious mental health disorder at the time that they established their estate plan, that could lead to the courts setting a will or other documents aside because of their lack of capacity.
3. Traumatic brain injuries
People can injure their brains in a variety of ways. Falls, car crashes and even interpersonal violence can lead to injuries that permanently damage the brain.
Those with moderate to severe traumatic brain injuries may experience cognitive symptoms that diminish their capacity. If they cannot understand the impact their documents could have, remember what assets they own or name their beneficiaries, they may not be in a position to draft an estate plan.
Reviewing medical records and determining the date of the testator’s diagnosis, as well as when they created their estate plan, can help people determine if they have grounds to contest a will. Pursuing probate litigation may help people invalidate documents that a testator drafted when they lacked the ability to understand their circumstances.