A lack of capacity Will Contest arises when an interested person believes the testator wasn’t of sound mind when signing the Will. A person can be of sound mind or not have a sound mind while elderly, dying, or diagnosed with dementia or Alzheimer’s. These conditions may indicate a person couldn’t sign a will, but their mere existence alone doesn’t prove incapacity. For the judge to rule the Will invalid, your Will Contest Lawyer must present evidence to the judge that the condition was so extensive the deceased didn’t have the appropriate capacity. Other terms used for “Lack of Capacity” are “Lack of Testamentary Capacity” or “Mental Incapacity.”
A person lacks the capacity to sign a Will if he doesn’t know who he is, who his family is, and what his assets are, or if he doesn’t understand the effect of signing the Will on his assets or family.
The judge hearing a Will Contest case can find the Will invalid due to Undue Influence only if he or she hears the proper evidence. Gathering this evidence will require depositions, expert witnesses such as medical professionals, interrogatories, witness interviews, subpoenaed documents, and evidence presented following the Rules of Evidence and subject to objections by the Will’s proponent. Our experienced Will Contest Attorney will walk you through every step of this complicated journey.
Proving someone lacked the capacity to sign a Will requires proof, including medical records and securing a doctor’s testimony.
Only an “interested party” may bring a Lack of Capacity Will Contest Challenge. A person would become an interested party if the Will created damages them financially.
For example, the father, while competent, in 2010, signs a Will. The 2010 Will gives all assets equally to children A, B, and C while excluding child D. But, seven years later, dementia renders him incapacitated. While incapacitated, he signed a 2017 Will dividing his estate between children A and B. Only Child C is an “interested party.” Though excluded, Child D has no standing. If the 2017 Will is invalid, Child D gains nothing, as the prior Will excludes him. Therefore, child D is not an interested person.
If you have any questions about a Will Contest based on Lack of Capacity or any other estate law topics, please get in touch with us to schedule a free consultation.
Klenk Law has focused only on Estate Law for more than two decades. We’ve seen it all, and this experience allows us to explain complex estate law and Probate clearly and concisely. If you are involved in Will Challenge Litigation, our experienced Probate Litigation Attorneys will make it easy for you to understand. We provide top-notch representation so you can make the best decisions for yourself and your family.
Peter Klenk is the founding member of Klenk Law, a seven attorney boutique estate planning law firm. We serve clients in Pennsylvania, New Jersey, New York, Minnesota and Florida. Peter Klenk received his Masters in Taxation LL.M. from NYU Law School and his J.D. from the University of Minnesota Law School. He served his country in the Navy JAGC during Desert Storm. Easy to talk to, feel free to call Peter for an appointment. We will make the process as easy as possible!
"I worked for Peter Klenk for 4 wonderful years. I can’t speak highly enough of everyone at the firm. Everyone truly cares about their clients and has a strong sense of responsibility to get things done right. I would highly recommend Klenk Law!"
Flora Novick
I knew I needed to update my Estate Planning documents created 15 years ago, yet I kept putting it off. Peter, in his no pressure way nudged me to finally check it off my list. The admin staff of Klenk law were very respectful and responsive in working with me to set up dates and times that work for me to talk with Peter over the phone regarding what I wanted to update. Peter answered my questions and explained some things to me. This helped me on some of my estate decision. After our phone talk, I received a draft of the updated documents, and was allowed ample time to review them prior to a final review with Peter over the phone. This pre-signing reviews made the in-person signing time very short. I would highly recommend Klenk Law, because Peter and his staff were professional but friendly, and thorough in the estate planning work they did for me. Thank you, Peter!
We have been using Klenk law for a decade. Always good advice and fast execution. Highly recommended!
Peter Klenk was great at explaining complicated issues and making them understandable. He and his team were extremely efficient and I highly recommend them for the creation of wills and trusts.
Peters' firm has prepared and updated our Wills and Trusts for the last 15 to 20 years. They know the law and help with your decision making to use the law to your best advantage. Response time to your requests is very reasonable, and final reviews and signing is executed in a timely manor with a thorough coverage of the documents. Our most recent updates to our Wills & Trusts were somewhat complicated, in our opinion, but Peter and his staff handled them effortlessly. As you can tell from this review Peter Klenk's firm is top notch.
Recently hired this firm to help me write a will (something I had been procrastinating on doing for too long). The process was quick, easy, painless and I'm glad that thanks to the great team at this firm I was able to cross this off my "to do" list!!
Let us put our expertise to work for you.
Free consultation within 24 hours.