People draw up wills to dictate how their assets will be distributed after they die. In general, whatever is included in a will is respected as the last wishes of the person whose will it is, otherwise known as a testator. However, there are some circumstances in which the people left behind challenge a will because they do not believe it reflects the real wishes of the person who signed it. There are various reasons given for such doubt, but a major claim is that the person lacked testamentary capacity when they signed it. This can be a very complicated claim to prove since you are attempting to determine the state of mind someone was in before they died. If you wish to contest a will, a Lombard, IL estate planning lawyer can provide guidance that is tailored to your specific case.
What is Testamentary Capacity?
Testamentary capacity is a person’s ability to understand the implications of their will. If it can be proven that someone didn’t have testamentary capacity when drawing up their will, the stipulations in the will can be contested. To demonstrate testamentary capacity, a person needs to: