Someone who is writing a will or trust must make their desires officially binding from a legal point of view. The first key is to have the testamentary capacity to make and sign a will. That is to say, at the time that a person makes a will or trust, the person (or testator) must be at least 18 years of age and of “sound mind”—possessing testamentary capacity.
If you believe that a will or trust in which you have an interest was created by a person in Sacramento who lacked testamentary capacity, speak to an attorney as soon as you can. At Hackard Law, we are committed to protecting beneficiaries’ rights and getting them the assets to which they are entitled. To schedule a free initial consultation with a dedicated estate attorney, call our office today or send us an email through our online contact form.
Sound mind is a term that means the person making a will or trust had the proper mental capacity to do so. If someone signs a will or trust in unsound mind, California law will not deem it enforceable. The capacity requirements for a will and trust differ, which is important for anyone who wishes to challenge the mental capacity of the person who made the will or trust. To create a trust, the person creating it must appreciate and understand the consequences of the decision. This is not true for people who are creating a will.
In the most obvious situations, a person who suffers from Alzheimer’s or in some instances dementia or loss or memory will lack will lack testamentary capacity. The Journal of the American Academy of Psychiatry and the Law takes complex legal and medical concepts and puts them into easy to understand terms. A person lacks sound mind if due to a disease affecting the brain the person fails to meet three requirements below.
Establishing that a person was of unsound mind at the time of the will’s writing can prove complicated. Typically, it requires evidence of the person’s state of mind at the time the will or trust was created, which may have taken place years ago. For this reason, if you are considering a challenge to a will or a trust, retain an experienced estate litigation attorney who understands how to uncover evidence about past mental states and present it in your case’s most favorable light. At Hackard Law, our experienced lawyers have experience successfully challenging testamentary capacity. We will review your case at no cost to you to determine whether you have a case.
If you believe that you can prove that the person who wrote the will failed to understand any of the above requirements due to a disease of the mind, you may invalidate that will. The person challenging the will has the burden to prove that the person who made the will was of unsound mind—the court will presume the person who made the will was competent until otherwise proven by the challenger.
To win, you will have to convince the probate court that hears estate matters that the person who made and finalized the will was not of sound mind. Evidence that may help establish this includes:
You can challenge a will by arguing insane delusion and undue influence.
If you want to challenge a will or trust because you believe the testator in Sacramento was of unsound mind or a victim of undue influence, the lawyers at Hackard Law are here to help. Reach us by calling to schedule an initial consultation.
(916) 775-8542