People can specify how their assets should be divided after they pass away by creating a will. However, the maker of a will needs to be able to understand what they are doing for it to be enforceable.

A person’s will may be challenged and possibly declared void if they are judged unfit at the time of signing.

Recognizing when someone is incapable of making a will can help avoid conflicts and guarantee that their desires are appropriately fulfilled.

Legal Standard for Testamentary Capacity


Testamentary capacity refers to a person’s legal ability to create a will. This means they must:

• Recognize that they are making a will and understand its purpose.

• Have a general awareness of their assets and how they are being distributed.

• Know who their natural heirs are, such as family members or close loved ones.

• Be able to make decisions without being influenced by delusions, coercion, or pressure.

These requirements are generally applied by courts when determining if a person has the mental ability to create a valid will. If any of these elements are missing, the will may be open to legal challenges.

Signs That a Person May Be Unfit to Make a Will

A few signs that indicate if a person is unfit to make a will:

• Lack of Mental Competence

Mental illnesses and cognitive impairments can interfere with a person’s ability to make informed decisions. Conditions such as dementia, Alzheimer’s disease, and brain injuries can cause confusion, memory loss, and difficulty processing information. 

If a person is unable to comprehend the basic terms of their will due to a mental condition, their testamentary capacity may be questioned.

• Inability to Understand the Nature of the Will
  

To make a valid will, a person must understand that they are engaging in a legal process to distribute their assets. If they are unaware of what they are signing or believe they are doing something entirely different, they may be considered unfit to create a will. 

This can happen when cognitive decline affects their ability to grasp the significance of their actions.

• Failure to Recognize Beneficiaries or Assets
  

A person making a will should be aware of the people who would typically inherit from them, such as their spouse, children, or other close relatives. 

If they fail to recognize family members or have no recollection of their assets, this may indicate that they cannot make informed decisions about their estate.

• Undue Influence or Coercion

A will must reflect a person’s true intentions, free from external pressure. If someone is pressured, threatened, or manipulated into making certain decisions, their ability to create a valid will may be compromised. 

Signs of undue influence include sudden or drastic changes to a will that benefits one person significantly over others.

• Delusions or Insanity

A person experiencing persistent delusions, hallucinations, or severe paranoia may not be able to make rational decisions about their estate. 

If their beliefs are disconnected from reality such as believing they are distributing assets they do not own or disinheriting family members due to unfounded paranoia a court may determine that they lacked the necessary mental state to create a valid will.

Legal Challenges to a Will Based on Unfitness

If there are concerns about a testator’s mental state at the time of creating a will, certain legal steps may be taken to contest it.

Who Can Challenge the Will? Generally, heirs, beneficiaries, or other interested parties who believe the testator was unfit can contest the will.

Evidence Considered by Courts: Courts often review medical records, witness testimonies, and previous versions of the will to determine the testator’s mental state.

The Role of Experts: Medical professionals, psychologists, and forensic specialists may provide assessments on whether the testator was competent at the time of signing.

If a court determines that the person lacked testamentary capacity or was unduly influenced, the will may be invalidated. In such cases, an earlier valid will may be reinstated, or the estate may be distributed according to intestacy laws.

How to Prevent Future Challenges to a Will

Taking steps to ensure that a will is legally sound can help prevent disputes:

• Medical Evaluations

Having a doctor evaluate and confirm a person’s mental capacity at the time of signing can serve as evidence if the will is ever contested.

• Legal Oversight

Working with an attorney during the drafting and execution of the will can help ensure that all legal requirements are met.

• Video Recordings

A video statement from the testator explaining their intentions can demonstrate that they were acting of their own free will.

• Regular Updates

Keeping a will updated over time rather than making sudden, drastic changes can help establish consistency in a person’s wishes.

By taking these precautions, it becomes more difficult for others to challenge a will based on claims of unfitness.

Don’t face this challenging time alone contact Max Hyde law firm today and call us at (864) 804-6330 to schedule a free consultation today. Our experienced lawyers are here to assist you in making your will and ensuring you receive the justice you deserve.