Does Mental Capacity Affect Will Contests?
When it comes to creating a will or trust, mental capacity is a crucial factor. The probate code outlines the standards for the mental capacity required to make a valid will or trust. Understanding these standards is vital for anyone involved in estate planning or in contesting a will. In this post, we will explore what mental capacity means in the context of will contests and how it can impact the validity of a will or trust.
Understanding Mental Capacity in Estate Planning
Mental capacity, in legal terms, refers to a person’s ability to understand the nature and consequences of their actions when making a will or trust. To have the requisite mental capacity, an individual must:
- Understand what a will or trust is.
- Know who their relatives and friends are.
- Be aware of what they own.
- Understand who they want to benefit from their estate.
These are essential questions for attorneys to consider when assisting someone with their estate plan. For beneficiaries and others involved in a trust, these questions are equally important when determining if the individual creating the will or trust had the mental capacity to do so.
Factors That Affect Mental Capacity
Several factors can affect a person’s mental capacity to make a will or trust. For instance:
- Dementia: This is a common condition that can impact mental capacity. Dementia is a progressive disorder, meaning it can affect people differently over time. Individuals with dementia may have good days and bad days, which can complicate the determination of mental capacity.
- Influence of Substances: Being under the influence of narcotics, painkillers, or other substances at the time of signing a will can also impact mental capacity.
- Other Medical Conditions: Severe traumatic brain injuries or other neurological disorders can impair an individual’s ability to understand what they are doing.
The Complexity of Proving Lack of Mental Capacity
Proving that someone lacked the mental capacity to make a will is often complex, particularly in cases involving dementia. Because dementia can vary greatly from person to person and from day to day, it is challenging to pinpoint a specific moment when a person was incapable of understanding their actions.
For instance, someone with dementia might appear mentally competent in the morning but become confused or disoriented in the afternoon due to conditions like sundown syndrome. This variability makes it difficult to definitively prove that a person lacked mental capacity at the exact time they signed their will or trust.
The Role of Evidence and Expert Testimony
In cases where mental capacity is in question, substantial evidence is required to prove incapacity. This typically involves:
- Medical Records: Documentation that shows the individual’s medical history and any diagnoses that could impact mental capacity.
- Witness Testimony: Statements from people who were present at the time the will was signed or who interacted with the person around that time.
- Expert Testimony: Expert opinions, often from neurologists or psychiatrists, are crucial in explaining how certain medical conditions could affect mental capacity. These experts can provide insights into whether the person likely understood what they were doing at the time they made their will or trust.
Conclusion
Determining mental capacity in the context of will contests is not straightforward. It requires a careful examination of the individual’s mental state at the precise moment they executed their estate plan. While conditions like dementia and substance use are important factors, they are just one part of a larger inquiry. Courts must consider all evidence, including medical records, witness accounts, and expert testimony, to make an informed decision about the person’s capacity at the time they made their will.
By understanding these nuances, beneficiaries and legal professionals can better navigate the complexities of will contests and estate planning.