When contesting a will, proving that the deceased lacked testamentary capacity at the time of execution represents one of the most common and potentially successful grounds for challenging the document’s validity.
Successfully challenging testamentary capacity requires demonstrating that the testator was not of sound mind when signing the will. This involves showing that mental impairment prevented them from understanding key aspects of their decision.
1. Medical evidence of cognitive impairment
Medical records and documentation provide the strongest evidence of diminished testamentary capacity. Hospital records, physician notes, psychiatric evaluations and medication lists can reveal conditions that impaired the testator’s mental state. Dementia, Alzheimer’s disease, severe depression and other neurological conditions often affect decision making capacity. Progressive diseases are particularly relevant because they show a pattern of declining mental function over time. Prescription medications that cause confusion, hallucinations or impaired judgment also support capacity challenges, especially when multiple medications interact to create cognitive side effects.
2. Witness testimony about behavior and mental state
Testimony from family members, friends, caregivers and other witnesses who observed the testator around the time of will execution can provide crucial evidence of incapacity. Witnesses can describe specific instances of confusion, memory loss, inability to recognize family members or failure to understand basic concepts. Examples include the testator repeatedly asking the same questions, becoming lost in familiar places, exhibiting paranoid behavior or showing dramatic personality changes. Professional witnesses such as bank employees or financial advisors can testify about unusual or confused behavior during business transactions near the time of will signing.
3. Inconsistencies with prior estate planning and life patterns
Evidence showing that the will contradicts the testator’s previously expressed wishes, established relationships or logical estate planning choices can support incapacity claims. If the will dramatically favors someone the testator barely knew while disinheriting close family members without explanation, this may indicate impaired judgment. Changes that make no financial sense, ignore tax consequences or violate the testator’s long standing values and relationships can demonstrate that mental impairment affected their decision making ability.
Seeking legal guidance can help you evaluate the strength of potential testamentary capacity challenges and gather the necessary evidence to support your will contest.