When someone you love passes away, it can be devastating. However, this matter can get even worse when you have reason to believe that the deceased lacked the necessary testamentary capacity to establish their Will. If this reflects your circumstances, understanding when you can contest a Will is critical. The following blog explores what you can do if you believe there was a lack of mental capacity when establishing the Will. Keep reading to learn more about these matters to learn how a Medina, Ohio estate planning lawyer can help you if you have concerns about the validity of a Will for which you are a beneficiary.

What Does It Mean to Contest a Will?

When you contest a Will, it generally means you are contesting the document’s validity. Typically, only those with a vested interest in the estate can contest the document in Ohio, such as legal heirs or those named in the Will.

If you wish to contest a Will, you can only do so on certain grounds. Generally, these are as follows:

  • Lack of testamentory or mental capacity
  • Undue Influence
  • Forgery
  • Revocation
  • Fraud

If you contest a Will, you must prove that the document is invalid, which can be an incredibly complicated process and time-consuming process.

If I Believe There Was a Lack of Mental Capacity, Can I Contest the Will?

Generally, if you believe that the head of the estate lacked what’s called testamentary capacity at the time they created or altered their Will, you can contest it. Essentially, if the person planning their estate lacks the mental capacity to understand the nature of the matter, it can be deemed invalid as it does not accurately reflect their wishes.

The first thing you must do to contest a Will is consult with an experienced attorney who can help you understand what will happen if your dispute is successful. In some instances, contesting the Will can impact your inheritance more than if you let the distribution go according to plan, as the Will may be deemed invalid and thus may revert to a previous edition, or if this is the only version, dismissed and the court will implement the Intestate laws. As such, if you wish to continue, this process begins when you file a complaint with the Probate court. You have limited time to file the petition, so you must act quickly.

It should also be noted that proving a lack of testamentory capacity can be incredibly complicated. Your attorney will work with you to collect evidence like text messages, medical records, and testimony from friends and family regarding the mental state of the deceased around the time the Will was created or amended.

As you can see, this is an incredibly complex process, so it’s in your best interest to connect with an experienced attorney who can help guide you through these complicated times. At Krause Law, our firm understands how hard it can be to lose your loved one and contest their Will. That is why our firm is here to help, so you can focus on celebrating the life of the deceased. Contact us today for more.