Dementia and Texas will contests
A common reason to contest a will in Texas is because the testator allegedly lacked sufficient mental capacity to make a will. A jury will consider several factors in deciding if the person who signed the will actually understood what they were doing.
Legal standard for testamentary capacity
In Texas, a testator has testamentary capacity if, they had:
sufficient mental ability to understand the effect of making the will, and
sufficient mental ability to understand the general nature and extent of their property, and
sufficient mental ability to know their next of kin and natural objects of their bounty and claims, and
sufficient memory to collect in their mind the elements of the business to be transacted and to be able to hold the elements long enough to perceive their obvious relation to each other and to form a reasonable judgment as to these elements.
In many cases we handle, the dispute regarding capacity involves testators who have been diagnosed with a form of dementia, such as Alzheimer's.
Dementia symptoms - Will Contests
Dementia manifests itself in symptoms such as poor memory, poor judgment, difficulty completing routine tasks, changes in mood and personality, and lack of orientation to time and place. A person who exhibits such symptoms would have difficulty meeting the elements of testamentary capacity.
As a practical matter, the burden of proof lies with the contesting party to demonstrate that the testator did not understand the nature of their actions when making the will. This often involves presenting medical records and witness testimonies to substantiate claims of mental incapacity.
It is always important to interview key witnesses, i such as friends and relatives of the testator. Medical records also provide key evidence, such as an actual dementia diagnosis and notations of confusion. There may also be diagnostic test results such as the MMSE or Montreal Assessment.
Key points to consider:
Key Points for a Will Contest
Dementia Impact: Dementia can invalidate a will if it impairs the testator’s mental capacity.
Documenting Capacity: Proper documentation of the testator’s mental capacity can prevent future disputes.
Legal Standards: Contesting a will requires proving mental incapacity or undue influence.
Evidence Required: Medical records and witness testimonies are crucial in these cases.
Burden of Proof: The contesting party must show the testator’s lack of understanding.
Testator’s Understanding: The testator must understand the nature of their actions when making the will.
Texas Law: Specific legal standards in Texas govern will contests involving dementia.
Legal Advice: Seeking professional legal advice is recommended for handling will contests.
The importance of an experienced will contest lawyer
We routinely handle will contests and beneficiary disputes where mental capacity is an issue. It is important that you hire a Texas will contest lawyer who has substantial experience in evaluating these cases and presenting them for court.