A will is an invaluable estate planning document, outlining how a person’s assets should be distributed after their death. For a will to be valid, the maker must have testamentary capacity at the time it is created.
If you suspect that the maker of a will lacked sufficient testamentary capacity at the time it was created, you may have grounds to challenge its validity in court. For your case to hold, you must provide evidence demonstrating that:
Testator did not have a rational distribution plan
If the testator’s distribution plan seems irrational or inconsistent with their previous intentions, it may suggest a lack of testamentary capacity. For example, leaving the majority of the estate to a distant acquaintance without explanation can raise concerns. Courts may scrutinize these decisions, especially if they conflict with the testator’s past behavior or relationships. Evidence like prior wills or testimonies from close relatives can support the claim that the distribution was not rational.
Will does not cater for natural heirs
A will that excludes natural heirs, such as children or a spouse, without a valid reason may indicate a lack of testamentary capacity. While individuals have the right to disinherit relatives, such decisions can appear irrational, especially if the testator had close relationships with the excluded heirs. Evidence of the testator’s prior intentions or relationships can help demonstrate that such exclusions were unusual or uncharacteristic.
Testator did not comprehend the nature and extent of their assets
For a will to be valid, the testator must understand the nature and extent of their assets. If they lack this understanding, the will may not reflect their true intentions. For example, someone with cognitive decline might mistakenly believe their estate is smaller than it is, leading to unfair distributions. Financial records or witness statements can be used to show that the testator did not fully comprehend their assets at the time the will was made.
Proving a lack of testamentary capacity can be complex, and you may consider getting legal guidance to assess the strength of your case and navigate the process of challenging the will.