There are only a limited number of circumstances in which someone can reasonably expect to challenge another person’s estate plan or will. Most adults in Ohio have the right to provide clear instructions about what they would like to happen with their personal property when they die. They can leave certain assets for specific people or even leave instructions to have some of their property transferred to non-profit organizations after their death.
Occasionally, the people who were closest to the deceased individual or who expected to inherit property from their estate will take issue with their final instructions and may claim that those papers don’t reflect the deceased’s true wishes because they lacked capacity at the time that they created the documents or updated them. Adults must have testamentary capacity to create legally-binding documents when drafting or altering estate planning paperwork like wills.
How can family members and those expecting an inheritance prove a lack of capacity on the part of the testator after their death?
With medical records
One of the easiest and most authoritative ways to establish that someone lacked testamentary capacity when drafting or updating their estate planning documents involves presenting medical records to the courts.
Documents proving that a loved one had Alzheimer’s disease, dementia or another health concern that would have affected their cognitive ability could raise questions about the validity of any estate planning paperwork created after their diagnosis.
The more thorough the records are regarding someone’s condition, the better the chances of family members proving that the individual lacked capacity.
With witness statements and financial records
The people who regularly interact with older, vulnerable adults may spot warning signs of decline long before a doctor diagnoses them with any serious condition. Neighbors, family members and caregivers might all be able to provide testimony about their daily confusion or a change in personality that occurred later in their life.
There may also be financial records that help affirm claims that someone was no longer capable of managing their own affairs. These could show a person neglected their financial responsibilities or made mistakes like entrusting their resources to someone with a questionable personal history.
Provided that family members can convince the courts that an older adult was already struggling with reduced capacity or cognitive decline when they put together their estate plan, they may be in a better position to pursue a challenge in probate court that could invalidate the documents created after someone’s diagnosis or cognitive decline.
Discussing one’s concerns with an Ohio probate attorney helps clarify whether the situation meets the standard for a probate challenge based on a lack of capacity.