Faith, Ledyard & Faith, PLC
COVID-19 NOTIFICATION: To protect your safety and the safety of our staff, in response to the threat of COVID-19, we are offering the option to connect with us via telephone, email and video-conferencing. Our staff are fully operational. Please call or email us to discuss your options.
A Full-Service Law Firm Serving the West Valley and Greater Phoenix for More Than 40 Years
PA Image
Real Estate Law
PA Image
Personal Injury
PA Image
Civil Litigation
Construction Law
PA Image
Bankruptcy
PA Image
Employment Law
PA Image
Estate Planning
PA Image
Debt Collection
PA Image
Government Law
PA Image
Criminal Defense
PA Image
Business And
Commercial Law
PA Image
En Español

Common questions about wills and incapacity

| Nov 9, 2018 | Wills |

If you have a close family member who has recently passed away, it is likely that they left a will so that their assets could be appropriately distributed. If you were surprised by the instructions of the will, or if the will was updated toward the end of the person’s life, you may wonder whether the person was mentally stable when they updated their will.

The question of mental capacity and will-making can be challenged after a person passes away. If you believe that a loved one was mentally incapacitated when they updated their will, it is important that you understand where the law stands on this matter.

What counts as mental incapacity?

Mental or testamentary capacity can be measured in many ways. For example, a person may be unable to make complex decisions, but they still may be able to make their wishes known coherently.

If a person understands the nature of making a will and its consequences, as well as understanding the property that is being distributed, it is likely that had the testamentary capacity to draft or revise a will. In addition, it should be clear that they are not suffering from delusions or mental illness that might affect their decisions.

How can I show that my loved one did not have testamentary capacity?

Often, mental incapacity is exploited by another person who wants to use undue influence. You may be able to prove that your loved one was not of sound mind by gathering statements from medical professionals who treated your loved one. It is important to take swift action if you want to challenge a will.

Lead Counsel Rated LC
Lead Counsel Rated LC
Distinguished AV | Peer Review Rated | LexisNexis Martindale-Hubbell | For Ethical Standards & Legal Ability
Lead Counsel Rated LC
Lead Counsel Rated LC
FindLaw Network

Stay Connected With Us