Dealing with the loss of a loved one can be incredibly overwhelming for many. Not only do you have to grieve and mourn their passing, but you’ll also have to go through the estate administration process. However, if you believe the deceased party was not of sound mind or did not fully understand what they were writing when creating their Will, you may be unsure how to proceed. If you have concerns regarding the validity of your loved one’s Will, understanding what you can do is critical. The following blog explores when Testamentary Capacity can be called into question and why connecting with a Medina County, Ohio probate lawyer is in your best interest for this matter.

What Is Testamentary Capacity?

Essentially, Testamentary Capacity refers to the mental capacity of the Testator, or the person writing a Will, when creating an estate plan or other legally binding document. Most often, this is called into question when a Will is probated. It’s important to understand that someone must be considered of sound mind when creating a Will, as it ensures they know and want the terms and conditions they are writing down in this legally binding document. Not only should they understand the importance of writing a Will, but it’s also necessary to have a basic understanding of Ohio law. Generally, the lawyer responsible for helping the Testator create the will should assess their Testamentary Capacity.

When Can I Raise This Concern and How Do I Prove It?

If you have concerns about the validity of a Will that you are the Executor and/or Beneficiary of, understanding what you can do to challenge the current plan is critical. Generally, this occurs during the Probate process, as the courts must validate the Will after the Testator passes away.

Proving this can be challenging, as it can seem impossible to prove someone’s state of mind at a certain time. Additionally, the only time that this matters is when the Will is created or amended. If they created their Will and shortly after their mental capacity started to decrease, this would not be grounds to challenge the will.

However, you may be able to recover testimony and records from their doctors or other medical providers that show their mental capacity was diminished around the time they began estate planning. However, this evidence must show the person lacked the necessary cognitive function to understand the terms and conditions of the document.

As you can see, this process can be incredibly difficult. As such, it’s imperative to connect with an experienced attorney with the necessary experience to help you through these matters. At Krause Law, we understand losing a loved one is a challenging time, which is why we are committed to fighting for their legacy. Connect with us today to discuss your circumstances further.