A will may be considered invalid if the testator who wrote the will lacked capacity to execute it. There are certain requirements a testator must fulfill in order to show he or she was capable of executing their will. The decedent must be capable of knowing and understanding the nature and extent of his property, the natural objects of his bounty, and the disposition he is making of that property. Generally, an isolated and peculiar act by the decedent without evidence of insanity, hallucinations, or delusions, is not sufficient to deny probate of decedent's will. Our attorneys can assist you in determining whether you have a basis to bring an action for lack of capacity.
Additionally, our estate planning attorneys can assist you in implementing several techniques to prevent a will contest. For example, a testator can include a no-contest provision or forfeiture clause in their will that provides that a beneficiary who contests the will loses at least some or all of the benefits given under the will. Another effective technique to prevent will contests is to obtain affidavits from witnesses who observed the testator at or around the time the testator executed the will. Finally, a testator could record a video of the will execution ceremony to establish testamentary capacity, intent, and compliance with will formalities. Our attorneys can assist you in determining which technique would be most effective in preventing a will contest. |
