Testamentary Capacity
Definition Testamentary Capacity:
Testamentary Capacity is a legal term used to describe a person’s legal and mental ability to create, update or amend a legal document like a Will, Trust or Estate Plan. This is also commonly described as being “Of Sound Mind” when a will is drafted.
There are common elements that establish testamentary capacity which must be present for a will to be valid.
- The testator must be of majority are (usually over 18)
- The testator must recongnize the beneficiaries
- The testator must understand the value of their property
- The testator must understand the disposition that is being made
- The testator must acknowledge there is a plan for the distribution of their estate.
Legal Considerations of Testamentary Capacity:
If a will is created and Testamentary Capacity is in question, beneficiaries who are unhappy with the distribution can file a will contest. The beneficiary must demonstrate that the descendant was mentally incapable of fulfilling the requirements above. Common issues that cause a lack of Testamentary Capacity include:
- Mental Unsoundness
- Senility
- Loss of Memory
- Infirmity
- Insanity
- Undue Influence
How a Lawyer can assist with Testamentary Capacity Issues:
A lawyer can help you avoid Testamentary Capacity issues from creating justification for Inheritance Disputes. A lawyer can help you create your will in a way that dispels possible challenges. An Estate Planning Lawyer can arrange witnesses, structure documents, add in terrorem clauses, or arraign for an accompany video. These efforts can demonstrate the testator has the mental capacity to properly create a will. These efforts can also clear up any misunderstand between beneficiaries if you choose to change your will or distribute your assets unevenly.
If you need to contest a will, a lawyer can help gather, research and present evidence that Testamentary Capacity was an issue at the time of the will’s creation.
Lawyer Referral Service:
To find an attorney experienced in Testamentary Capacity contact Attorney Search Network. We can help you find a Will Contest lawyer or an Estate Planning Lawyer who will help with your legal issue.
If you have any questions about the information provided above, please contact Attorney Search Network.
Call us or fill out our contact form for a free Lawyer Referral to an Attorney Search Network panel member lawyer or law firm for Testamentary Capacity issues.
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