Defining Testamentary Capacity

April 15, 2021

One of the most common reasons for a will contest are claims about testamentary capacity. These are usually brought by heirs who allege that the person who created the will did not have testamentary capacity to create that document. If this challenge is successful in court, the will is deemed invalid.

Capacity is a general term and one that is not subject to a precise definition, but generally refers to someone not being in a sound mind to understand their estate planning documents or decisions. In these cases, documents executed by a person in this state are not valid. 

Multiple factors might be explored to determine whether or not a person is of sound mind at the time they executed their will. This can include information from the doctor regarding the testator’s mental state at that point in time, whether or not the testator understands the nature and extent of the property they own and whether or not the testator understands the ordinary affairs of life. It falls to the person who is alleging that the creator did not have testamentary capacity to illustrate this in court. 

This makes it all the more important to ensure that when crafting your own estate planning documents, you have the support of an experienced estate planning attorney. An estate planning lawyer can help you consider the many different elements that go into crafting your estate plan and special steps that you can take to help minimize the chances that your loved ones will file a will contest after you pass away.       

 


Practice Areas:



Schedule your free Exploratory phone call

Click here to see how we
can be of assistance.

Payment Portal
for Tax and Accounting invoice

This link offers a secure, quick way to complete your payment with Omni360 Advisors LLC.

Our Social Media

Connect with us on Social Media using the following buttons:

Visit our Podcasts

Listen in, Join the Conversation!

Recent Posts

Your Tax Return Is a Roadmap: What to Review Before Year-End

Your completed tax return can reveal planning opportunities before year-end. Review investment gains, business income, retirement contributions, and estimated tax payments with your tax and ...

<p>The post Your Tax Return Is a Roadmap: What to Review Before Year-End first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Business Owners: Five Financial Conversations to Have Before December

Before year-end, business owners should review profit projections, cash reserves, major purchases, retirement plan funding, and personal financial goals with their advisory team. The start ...

<p>The post Business Owners: Five Financial Conversations to Have Before December first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>

Before You Make a Year-End Financial Move, Ask How It Affects the Rest of Your Financial Picture

Before making year-end tax, investment, retirement, business, or charitable decisions, consider how each move affects your broader financial picture. Year-end financial planning often starts with ...

<p>The post Before You Make a Year-End Financial Move, Ask How It Affects the Rest of Your Financial Picture first appeared on Integrated Tax Planning, Legal Planning & Financial Planning.</p>