When an individual executes a Will near the end of their lives, or at a time that they are suffering from emotional or physical trauma, a question may arise whether the decedent had sufficient capacity to execute their Last Will and Testament. As such, it is important to evaluate their physical/mental status in consideration of the relevant statutory law and case law which requires that a Will be executed at a time that the decedent had the requisite testamentary capacity to execute this document.

In general, for an individual to have sufficient capacity to execute a Will, they must demonstrate that he/she understands the nature of the property that they possessed, and further, which they intended to convey. In other words, it must be shown that the decedent had an accurate understanding as to the totality of their assets and how they wished to distribute them. Further, it must also be demonstrated that the testator was aware of who the potential heirs of his/her estate were at the time they were drafting their Will. Finally, it must be proven that the decedent understood the legal effect of their Will and how it would distribute their estate.

Should there be a challenge to a decedent’s capacity during a Will contest, the testimony of both medical experts and fact witnesses may be presented to either prove or disprove a decedent’s capacity. Further, medical records may often become relevant in making such an assessment, especially those which are near the time the Will was executed. Finally, testimony from the witness who were present when the decedent executed his/her Will, as well as the attorney who was present, will be crucial to deciding as to testamentary capacity. Aside from witness testimony, should a Will contain non-sensical provisions, or ones that are drastically different from the decedent’s previously expressed desires, these provisions may likewise support a finding that the decedent lacked capacity on the date the Will was signed. Like all matters which require the presentation of complex evidence, it is strongly suggested that competent counsel be retained to guide you through the litigation process.

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