lack of mental capacity explained


Lack of Mental Capacity: Probate

As one reaches an advanced age, their mental capacity is often disputed relating to wills, trust and estate intentions and wishes outlined in a will or trust they have set up.


There are two sides of the coin regarding lack of mental capacity in creating or developing a will. One side is that the individual who executes a will is mentally stable and the other is that the individual at the time of setting up the trust did have a reduced or lack of mental capacity to make sound independent decisions regarding their will.


Weather a reduced or lack of mental capacity to make sound independent decision exist or not, probate litigation cases typically arise to dispute the will in order to correct or stop a perceived injustice.


I represents beneficiaries of will and those who wish to dispute a will, as each probate litigation case is unique and therefore have their own mitigating circumstances to bring to light. I utilize every legal tool available, as well as my many years of experience, to protect your legal rights in probate litigation cases.

In order to successfully dispute a will for reduced or lack of mental capacity, you must prove the individual who set up the will:

 

  • Did not or does not understand the nature of the testamentary act.

     

  • Did not or does not understand or recollect the nature and status of his or her property.
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  • Did not or does not recall or and understand his or her relationship to living relatives whose interests may be affected by the trust or intentions outlined in a will.
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  • Did not or does not recall or understand they were subjected to an undue influence by another while making the disputed decisions.
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It is important to remember the testator's competence is not judged based upon their current mental state or the mental state of their passing, but the mental capabilities of the point in time when the will was officially executed.


If it is proven the individual was fully aware and competent to make sound independent decisions at the time they executed the will, a lack of mental capacity will typically not be awarded in probate litigation cases, therefore not affecting the the validity of the will.


Likewise, if it is proven the individual was not fully aware and competent to make sound independent decisions at the time they executed the will, the court will follow the letter of the law in determining the status, validity, and what is fair to all parties involved regarding the estate, assets and property issues.


Over the years I have assisted many Hillsborugh County area clients in resolving probate litigation disputes relating to lack of mental capacity legal issues.

 

As an experienced attorney serving Hillsborugh County residents in probate litigation, I diligently investigate, analyze and fight to protect the legal rights of those engaged in probate litigation disputes relating to a reduced or lack of mental capacity.

 

If you are in need of an attorney with lack of mental capacity experience, contact www.marybethcorn.com for a free consulation today.

 

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a probate attorney about your legal rights and responsibilities regarding your particular case.