Can I contest a will for lack of mental capacity?

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When someone passes away, it’s important to understand that their last will and testament is an important document explaining their last wishes. However, when you have reason to believe your loved one was not in the right frame of mind when creating their estate plan, you may wish to contest it. If this reflects your circumstances, understanding how to contest a will for lack of mental capacity is critical to ensure you can fight on behalf of your loved one. This blog covers what you should know and why it’s in your best interest to work with PA estate litigation attorneys to help guide you through these complicated times.

What does it mean to contest a will?

As the beneficiary or heir of an estate, you have what’s called a vested interest in the outcome and distribution of the estate. Typically, when you have reason to believe the will is invalid, you can contest the will. Common reasons you may contest the will are due to lack of mental capacity, undue influence, fraud, or legal issues.

For example, you and your spouse may have discussed their final wishes in detail, and you know they did not want a specific child receiving a portion of the estate. However, the latest version of their will includes this child and awards them a significant inheritance. As such, you may wish to contest the will, as you know this child is not supposed to be included and therefore could be the result of fraud or undue influence. Essentially, to contest a will is to call its validity into question.

How do I prove a lack of mental capacity or undue influence?

If you have reason to believe your loved one lacked the mental capacity to make legal decisions at the time they last updated their estate plan. For example, if they were in the early stages of dementia or Alzheimers, they may not have understood the gravity of the decision they were making. Proving this can be incredibly complicated, so it’s imperative to connect with an experienced attorney as soon as possible if you are looking to contest the outcome of a will.

Generally, working with an experienced attorney is critical to fighting to show that your loved one was not in the right frame of mind when last updating their estate plan. Your lawyer will gather evidence to help show this claim, like communication between the party and others, medical records, and testimony from those who knew the deceased.

When grieving the loss of your loved one, the last thing you want is to endure a complicated legal battle. That’s why our team at Friedman Schuman Layser will do everything possible to help you navigate these difficult times, so you can focus on celebrating the deceased’s life while our firm handles the legal complexities.

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