Disputes about estates often stem from questions about whether the person who created the will or trust understood the implications of what they were doing. These questions often come up when the estate plan’s components aren’t set up exactly how heirs expected.
In California, the question about a person’s ability to make legal decisions can be answered—at least in part—through a document called a declaration of capacity. While it’s not required by law, it can play a key role in preventing or defending against estate litigation.
What is a declaration of capacity?
A declaration of capacity is typically written by a licensed physician or psychologist. It confirms that the person creating or amending an estate plan had the mental capacity to do so at the time. In California, someone must have “testamentary capacity” to sign a will and “contractual capacity” to execute a trust or power of attorney. These legal standards involve the ability to understand the nature of the document, the extent of one’s assets, and who should logically inherit them.
A declaration doesn’t just state that someone is generally of sound mind. It specifically supports the idea that they were capable of making rational decisions regarding their estate plan.
How it helps in contested estates
Estate litigation often centers on claims of undue influence or lack of capacity. A declaration can help counter those claims. For example, if someone’s mental decline was gradual or they had good days and bad days due to conditions like dementia, a timely declaration from a treating doctor can serve as strong evidence that they had capacity on the day the documents were signed.
The presence of this in an estate plan doesn’t necessarily mean that a contest isn’t possible. Working with someone who’s familiar with these matters may be beneficial for beneficiaries who need to determine their options for acting on their concerns about the validity of the estate plan.