Successfully contesting a will during probate often hinges on proving that the testator (the person who made the will) lacked “testamentary capacity” at the time of its execution. This means the testator must have understood the nature and extent of their property, who their family members are, and what they are doing with their property.
There are several key elements needed to establish the lack of testamentary capacity.
Cognitive Impairment
To prove cognitive impairment, evidence of dementia, Alzheimer’s disease, or severe mental illness is necessary. Medical records, doctor’s notes, and testimony from family and friends can all be used to demonstrate the testator’s mental state.
Unusual or Unnatural Dispositions
If the will disinherits natural heirs without a reasonable explanation, this can raise concerns about their mental capacity. In addition, if the current will is quite different from an older one, it may be suspect.
Undue Influence
If another person exerted undue influence over the testator, forcing them to make a will that they would not have otherwise made, it can invalidate the will.
Suspicious Circumstances
Suspicious circumstances may surround the will’s execution. These may include undue haste, lack of independent witnesses, or the absence of legal counsel. These things can raise questions about the testator’s mental state.
Gathering Evidence
You must gather evidence to support a claim of lack of testamentary capacity. This may involve obtaining medical records, interviewing witnesses, and conducting independent investigations.
Proving a lack of testamentary capacity in New York
Proving the testator lacked capacity requires careful consideration of the testator’s mental state at the time of will execution. By understanding the key elements and gathering sufficient evidence, individuals may be able to successfully challenge a will that was not executed with sound mind and judgment.
