Will contests are one of the most common reasons for probate litigation. Family members can take legal action if they have concerns about the terms included in a will. They may ask the courts for help if they question the validity of the document.
There are a number of different circumstances that can give rise to will contests in Tennessee. In some cases, the surviving family members of an individual who recently died take legal action because they believe the decedent created or updated their documents when they lacked the capacity to do so. Will contests based on a lack of capacity might lead to the courts invalidating a will or enforcing an earlier version of the document.
What do plaintiffs generally need to prove in a will contest related to the capacity of a deceased individual?
Capacity is assumed in most cases
In Tennessee, most people over the age of 18 have the mental capacity necessary to draft a valid estate plan. Any adult of sound mind can theoretically draft a will. Sometimes, the courts agree that an individual lacked the basic capacity necessary to establish a legal estate plan.
Severe mental health challenges like schizophrenia might justify claims of a lack of capacity. Many times, however, claims about capacity have to do with age and declining mental acuity. The plaintiffs bringing the lawsuit have to meet the burden of proof in such cases.
A diagnosis of a condition like Alzheimer’s disease may not be sufficient to invalidate an estate plan in the Tennessee probate courts. Instead, the plaintiffs need to establish that the testator was no longer aware of their circumstances and able to understand the impact their documents could have on others.
Typically, meeting that standard means proving that the testator no longer consistently remembered who their family members or beneficiaries were. They may have been unable to remember what assets they owned. They may also have lacked the ability to comprehend the impact that their estate plan could have on their immediate family members.
Statements made by caregivers, witnesses who were present at the time of the will signing and healthcare professionals can potentially help establish that a testator lacked the necessary capacity to draft binding, valid documents in accordance with Tennessee state law.
Pursuing a will contest over a lack of capacity can be a smart decision for family members who worry that late-in-life estate planning undermined the legacy a loved one truly wanted to leave. Those who can prove that an adult lacked capacity at the time of drafting or updating documents could potentially convince the courts to set aside or invalidate an estate plan drafted after someone’s cognitive abilities declined significantly.