Estate litigation often begins with questions about the documents involved. If family members believe an outside party pressured the testator into making concessions, they could litigate on the basis of undue influence.
Other times, people may question whether the testator drafting was in a mental state to understand their choices. People generally acquire testamentary capacity or the ability to create an estate plan when they become legal adults.
At what point do aging adults potentially lose their right to create an estate plan or modify their documents?
Capacity doesn’t always disappear with age
While there is a minimum age for estate planning in most cases, there is no maximum age. So long as the individual is still capable of understanding their circumstances, they have the authority to create legal documents.
Someone who lives into their 90s or beyond might remain healthy and aware until they die. Other times, people with early-onset Alzheimer’s disease might lose their testamentary capacity before they actually reach retirement age.
Litigation brought on the basis of a lack of capacity generally requires proof of a testator’s decline or medical challenges. For example, medical records or professional testimony affirming that they struggled with dementia before the date of the document’s creation could lead to the courts agreeing that they lacked the capacity necessary to draft a valid instrument.
Those hoping to prove a lack of capacity generally compelling evidence. They need to show that a person could not name their beneficiaries, catalog their resources or understand the implications of their estate planning paperwork.
Probate litigation can be helpful in cases where an individual made questionable changes to their documents after their health has declined. Reviewing estate documents and family circumstances thoroughly with the assistance of a skilled legal team can help concerned parties evaluate their options.