Win Testamentary Capacity Will Challenges Through Evidence of a Testator’s Memory Loss

The law presumes you make your intentions evident when disposing your assets through a valid will or trust and that you possessed the requisite legal capacity to do so before executing such testamentary documents. When testators however lack testamentary capacity, undue influence sometimes follows which can adversely impact an heir’s rightful inheritance during probate. For this reason, the Iowa Supreme …

7 Reasons Why Estate Attorneys Examine Testamentary Capacity

You may make the mistake of disregarding testamentary capacity concerns when planning your estate—considering the issue as just another boring legal prerequisite you have to follow before drafting, modifying or executing your will or trust. Your estate planning attorney however understands that verifying your mental capacity and documenting your comprehension and appreciation of the testamentary documents you’re about to execute …

What Everyone Should Know About Insane Delusions in Testamentary Capacity

The law obligates estate planning attorneys to make a reasonable attempt to affirm testamentary capacity among older or ill clients before drafting their wills and again before execution. In Iowa, testators need only show mental competence during estate planning activities, meaning even if testators have a history of mental illness, they may draft, alter or revoke their will or trust …

How You Would Assess Testamentary Capacity If You Were a Lawyer

Let’s imagine that…. You’ve just earned your law degree, and Iowa’s go-to probate attorneys at the Smith Law Firm have hired you as their new intern. The Firm’s founding partner, Tyler Smith, calls you in his office on your first day and asks you to complete a testamentary capacity assessment on an elderly client who wants to modify her testamentary …

Two Extraordinary Cases That Laid Down Testamentary Capacity Precedent in Iowa

We receive many testamentary capacity questions at the Smith Law Firm. Beneficiaries should worry about their inheritance when an interested party challenges the deceased’s sound mind and intent with respect to a will in probate proceedings. In theory, the law is straightforward—if the testator was mentally competent when he planned and executed his will, then the will is valid—future incapacity …

Q&A: Smith Law of Iowa Probate Litigators Give Their Expert Take on Lack of Testamentary Capacity Issues in Will Challenges

It’s shared knowledge that a legitimate last will and testament requires decedents to have held a fair standard of mental awareness when they executed their estate planning documents. Diminished testamentary capacity assertions however are not that straightforward. In this blog, the estate dispute litigation team at the Smith Law Firm will take on some questions and discuss what you need …