There are a handful of valid reasons that people might question or challenge an estate plan. Those reasons may include concerns about fraud or an outside party influencing the testator. In some cases, surviving family members or those who expected to inherit from the estate may believe that the decedent made estate planning modifications or drafted documents after a decline in their cognitive ability.
To that end, challenging a will or other estate planning documents on the basis that the testator lacked capacity is a relatively common practice. Certain medical challenges, including the three outlined below, could have a direct impact on an individual’s testamentary capacity.
Alzheimer’s disease and dementia
Alzheimer’s disease is one of the most devastating medical conditions that people develop later in life. Individuals with Alzheimer’s disease start experiencing issues with memory and their ability to understand the world around them. Dementia is similar in that it affects people’s understanding of their circumstances and ability to handle different situations appropriately. Those diagnosed with Alzheimer’s disease or dementia may have medical challenges that prevent them from drafting enforceable estate plans.
Mental health disorders
Generally speaking, mild to moderate mental health challenges do not deny one testamentary capacity. People with dysthymia or anxiety still understand their circumstances and the world around them. However, those with schizophrenia or other conditions that affect their perception of themselves and the world might struggle to make appropriate estate planning decisions. The more severe and long-lasting mental health conditions are, the greater the likelihood that they may have compromised an individual’s testamentary capacity.
Traumatic brain injuries
People can acquire injuries that compromise their cognitive function. Percussive force, blunt force trauma, violent movements and even oxygen deprivation could cause traumatic brain injuries (TBIs) that affect someone’s understanding of the world and ability to live independently. People with TBIs typically have lifelong medical challenges. The more severe a TBI is, the more likely it may be to prevent someone from understanding their circumstances and crafting an appropriate estate plan.
Families that have medical evidence of debilitating conditions may be able to convince the courts that an individual lacked testamentary capacity when they established an estate plan. Pursuing probate litigation could lead to the courts setting aside documents drafted by someone who did not truly understand their circumstances.
