Making Sense of Testamentary Capacity

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Making Sense of
Testamentary Capacity

Any individual over eighteen years of age in Iowa can execute a will as long as they observe the state’s rules and procedures and are of sound mind when doing so.

Testamentary capacity refers to the degree of “sound mind” or mental ability a testator owned during the will’s execution.

One of the most common challenges in will contest litigation asserts decedents lacked testamentary capacity at the time they created or altered their wills.

Iowa probate courts will presume that testators held the requisite testamentary capacity unless challengers can show otherwise.

The burden of proof thus lies with caveators (will challengers) to establish the deceased was mentally incompetent during the will signing.

The contrary is true however if the courts had formerly declared testators legally incapacitated, in which case, will challenge defendants bear the burden to prove testators held testamentary capacity to execute their wills.

Since challengers frequently assert testamentary capacity claims during estate dispute litigation, probate lawyers at the Smith Law Firm found it important to share their testamentary capacity experience and information with you if ever, one day, someone tries to attack your inheritance.

Common Questions

Proving Lack of Testamentary Capacity

Individuals can present the courts with expert testimony from doctors and nurses and subpoena the testator’s medical records to assert the deceased was not of sound mind before, during and after the will signing.

Other relevant testimony to establish lack of testamentary capacity may come from relatives or people who observed the testator daily and from the testator’s own words taken from letters or social media posts.

Will challengers also may call on the two witnesses who examined the testator’s will signing to express their opinions about the decedent’s testamentary capacity.

The courts will ultimately scrutinize the caveator’s legal arguments and evidence to find answers to one or more of the following questions which test the will’s validity:

Did the testator understand the purpose of the will or trust?
Did the deceased know the value, nature of extent of assets he owned?
Did the testator grasp the consequences of how his will would impact the legal heirs?
Did the decedent suffer from mental delusions or other cognitive disabilities?
Did the deceased know who his relatives were and who would receive property after his or her death?

The Smith Law Firm in Iowa has a professional team of probate investigators ready to take on these important questions to ensure clients obtain substantial evidence for proving their testamentary capacity claims in court.

Lack of Testamentary Capacity Defenses

Mental competence assertions are generally subjective and susceptible to rigorous scrutiny.

Iowa estate law recognizes that proof of a testator’s age, chronic mental illness, alcohol and drug abuse or physical disabilities ALONE are not sufficient for the court to invalidate a will.

Remember. To prove a lack of testamentary capacity, challengers must show that testators did not realize what they were doing when signing testamentary documents.

Testators therefore can be of mature age, intellectually feeble, bizarre, an alcoholic or bedridden and still possess the mental capacity to execute a will.

The courts also are less prone to invalidate wills that attorneys draft for the deceased, since competent estate lawyers would presumably rarely allow testators to sign a will if the advocate observes the person lacked the testamentary capacity to do so.

Legal Issues Relating to
Testamentary Capacity

Undue Influence

A claim that asserts another person exploited the testator’s lack of testamentary capacity by coercing, pressuring or persuading the decedent to change or alter the will.

Probate Fraud

A contention claiming the will in controversy is not a true reflection of the testator’s intent because another person asserted fraudulent misrepresentation within the testator’s lack of testamentary capacity to deceive the testator into executing a will.

Improper Execution

An action that contends the testamentary documents in controversy are not reliable and invalid.

Experienced Testamentary Capacity Litigation in Iowa

The Smith Law Firm attacks and defends testamentary capacity claims.

Seek our advice if you suspect a testator unjustifiably left you out of a will or if a caveator attacks your inheritance by claiming the deceased lacked the testamentary capacity to execute his testamentary documents.

We are the go-to probate litigators in Iowa for resolving probate disputes.

And don’t forget. “It’s our mission to save you money by resolving your testamentary capacity matters out of court or in mediation.”

Please call the estate attorneys at the Smith Law Firm in Iowa to discuss how we can help you protect your inheritance.

Related News & Posts

Check out our blog to learn more about testamentary capacity in Iowa.

Testamentary Capacity

Making Sense of Testamentary Capacity