Effective And Efficient Attorneys For 
Your Personal And Professional Needs

Effective And Efficient Attorneys For Your Personal And Professional Needs

The attorneys at Ritigstein Law, are knowledgeable advisors who help clients achieve their goals in estate planning, probate, business law and litigation.

Did your loved one have capacity when creating an estate plan?

On Behalf of | Sep 7, 2021 | probate & estate administration | 0 comments

A lot of people wait until the last minute to create or modify an estate plan. While there’s nothing inherently wrong with doing so, it does leave the door open to some legal issues that can linger for a significant period of time to come. In these circumstances, your estate or the estate of a loved one could end up facing validity challenges which, depending on how they turn out, can completely reshape asset distribution.

Testamentary capacity

One key component of a legally valid estate plan is testamentary capacity. In short, you have to have the right mental state in order to create an estate planning document, such as a will or trust, in a way that is legally binding. When assessing testamentary capacity, a court will look at a number of factors. Perhaps chief amongst them are your ability to understand the amount of property at stake and its nature, as well as how that property will actually be disposed of when the time comes.

How testamentary capacity is challenged

One’s testamentary capacity can be challenged in a few different ways. Evidence of a medical condition, such as dementia, is often used to challenge capacity, but so, too, is evidence of undue influence. Undue influence can arise when another party exerts control over the person creating the estate plan and therefore is able to manipulate the terms of the document in question. Evidence that demonstrates a lack of testamentary capacity can come in document form, such as medical records; through testimony; or both.

Know how to deal with your estate planning and probate issues

Losing a loved one is never easy. And it’s no walk in the park when considering your own mortality. Yet, dealing with the legalities of these situations is important if you want to achieve a just outcome. That’s why we encourage you to educate yourself on the estate planning and probate process. Only then can you ensure that you’re protecting your interests as fully as possible.


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