The estate planning process exists to help people in Missouri and elsewhere protect their assets and provide for their loved ones. It also enables an individual to issue instructions regarding end-of-life care or grant authority to another person to make decisions on his or her behalf if the individual becomes incapacitated. Most estate plans include a last will and testament, which one may challenge in court if they believe that the testator (person who signed the will) lacked testamentary capacity.
When an adult of 18 or older signs a last will and testament in Missouri, the assumption is that he or she possessed testamentary capacity at the time. This is a legal term referring to a person’s cognitive and mental health. If you possess testamentary capacity, it means that you are of sound mind and able to use critical thinking and reasoning skills to make decisions.
Challenging a will based on lack of testamentary capacity
If you believe your loved one or another person whose will is relevant to your life was experiencing unduly influence or impairment when he or she signed a will, you may challenge the document’s validity based on testamentary capacity. To prove testamentary capacity, the following elements must have existed when the person signed the will:
- The testator met age requirements or exemptions (sometimes given for a minor who is married or served in the military).
- The individual possessed a lucid understanding of the legal document and estate planning process.
- He or she also understood the implications of signing the document.
- The testator must have understood the extent and value of his or her estate.
- He or she must have also been able to identify his or her heirs and beneficiaries.
If you have evidence to show that one or more of these elements did not exist when your loved one or other individual signed a last will and testament, you may have grounds to contest its validity based on testamentary capacity.
Issues that constitute incapacity
If you plan to challenge a last will and testament based on testamentary capacity, you must be able to substantiate your claim. In other words, the court will want to know what evidence you have that proves the testator was incapable of signing a will. Some of the most common issues that create testamentary incapacity include:
- Intoxication
- Senility or dementia
- Insanity or other mental health problems
- Traumatic brain injury caused by a stroke, a collision, etc.
Aside from testamentary capacity, there are other issues that might make a will invalid, such as fraud, forgery or undue influence (like elder abuse or threat of violence). If you believe a will is invalid, you can reach out for additional support to investigate the issue and bring it to the court’s attention.