How to Contest a Will Because of Mental Capacity
After a person dies, heirs are notified about the contents of the will. If an heir or group of heirs believes that the will writer was not mentally competent to draft the will, the will can be contested in court. State laws regarding mental capacity differ slightly. Consult an attorney to find out the best way to claim mental incapacity if you wish to contest a will.
Other People Are Reading
-
Four-Part Test
-
Kathleen Northey, J.D., says that most states require a four-part test to demonstrate mental capacity. To be of sound mind, a person must be able to recognize his property, recognize who would get his property if there were no will, know how the will disposes of his property and be able to plan rationally for the disposition of his property. If you are contesting the will, you may call witnesses who can testify as to whether the will writer would have passed these tests.
Court Requirement
-
To contest a will for any reason, you must file a motion with the court. If you claim that the will writer lacked the mental capacity to write the will, the person or persons defending the will's validity must prove that the will writer was indeed competent. You and your attorney must present evidence that the will writer lacked competence.
-
Types of Evidence
-
You may present circumstantial evidence and evidence of the will writer's daily habits such as letters and hospital records. You must be able to prove that the correspondence is legitimate, i.e., provide verification of signatures. You may also call witnesses to testify as to the will writer's mental capacity.
Undue Influence
-
Undue influence is one of the most common claims related to mental capacity, according to Northey. To prove undue influence, you must prove that a person who had a confidential relationship with the will writer, such as a lawyer or doctor, helped draft the will and unduly influenced the will writer. You must also prove that the will writer was susceptible to such influence by virtue of being elderly or ill.
-
