3 types of evidence used in will contests concerning capacity

On Behalf of Zigray Law Office, LLC | Jul 19, 2024 | Will Contests

There are only a handful of very specific scenarios wherein a will contest is feasible. Sometimes, the beneficiaries of an estate truly believe that another person coerced or threatened someone into adjusting their estate plan. Other times, issues may arise from outdated documents or wills that include illegal provisions.

Will contests can also occur when family members question the mental acuity of the decedent when they drafted their documents. Families and potential beneficiaries of Ohio estates sometimes contest wills by alleging that a testator lacked capacity at the time when they drafted their documents. The burden of proof falls to the plaintiffs in a will contest.

How can people prove that a deceased loved one lacked capacity when they created or altered their estate plan documents?

Medical records

Medical documentation can be a key form of evidence in a capacity-based will contest. Proof of a diagnosis and of symptoms that limited someone’s ability to understand their circumstances is typically necessary. Diagnosis alone is unlikely to be adequate. Occasionally, those experiencing cognitive decline intentionally avoid seeing medical professionals. It may be possible to seek a posthumous evaluation by a mental health professional that can establish a testator likely lacked capacity.

Financial records

One of the main requirements for testamentary capacity is an understanding of one’s circumstances and resources. If a testator had difficulty paying their bills and managing their assets, that could be an indication that they were not in a mental state to make determinations about their legacy anymore. The more egregious financial oversights were around the time that someone drafted or updated estate planning documents, the greater the likelihood that the courts may agree they lacked an adequate understanding of their circumstances.

Witness testimony

Many people may notice the confusion and cognitive decline of an individual. Neighbors, care providers and surviving family members may be able to testify about someone’s cognitive state around the time that they drafted documents. An inability to remember their family members or understand their circumstances may have been obvious to those regularly interacting with the decedent. Those with closer relationships with the decedent and medical training are often in the best position to provide compelling testimony in court about a testator’s state.

Discussing the reasons that people question a testator’s capacity with a skilled legal team can help them establish if they have grounds for a will contest. Those who can prove that someone couldn’t understand the impact their documents had can potentially convince the courts to set aside those compromised documents.

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