Contesting a will based on mental capacity can be a difficult and emotional process. However, it is not uncommon in probate cases. In Connecticut, specific legal standards determine whether a person had the mental capacity to create or amend a will, and these standards can significantly affect the outcome of any will contest.
At the Law Offices of Charles L. Kurmay, we frequently help clients navigate these sensitive matters. Whether you’re contesting or defending a will, understanding the legal framework around mental capacity is essential.
In Connecticut, the most frequent challenge to a will occurs after the testator—the person who made the will—has passed away. For a will to be considered valid, the testator must have had sufficient mental capacity when signing the document. This means the testator must have known who their family members are, understood the nature of their property, and been aware of the legal act they were carrying out. Connecticut law presumes that anyone signing a legal document, including a will, has the mental capacity to do so unless proven otherwise. This places the burden on the person contesting the will to show evidence that the testator was not mentally capable at the time of signing.
It’s important to note that a person doesn’t need to be able to manage their personal finances to have the capacity to sign a will. For example, someone who is conserved or has difficulty managing their day-to-day affairs may still have the necessary capacity to execute a valid will. However, evidence of an inability to manage basic needs can be presented in court to support a claim of lack of capacity.
The situation becomes more complex when property is transferred during the grantor’s lifetime, such as through inter vivos gifts. These types of transfers require a higher level of mental capacity. In such cases, the grantor must not only understand the nature of the gift but also have a full grasp of their financial situation and how the gift could impact their ability to meet future financial needs. This higher standard makes inter vivos gift challenges more complex to defend.
When contesting or defending a will, it’s critical to provide strong evidence regarding the testator’s mental state at the time the document was signed. While courts focus on the exact day and moment the will was executed, they may also consider evidence from both before and after the signing. Testimonies from friends, family members, and even the attorney who drafted the will may be taken into account. Medical records and expert testimony from healthcare professionals are also critical forms of evidence in determining the testator’s mental capacity. However, the further away the evidence is from the date the document was signed, the less weight it holds in the court’s decision.
If you’re dealing with a will contest involving mental capacity, having an experienced Connecticut will contest attorney by your side is essential. At the Law Offices of Charles L. Kurmay, we have a wealth of experience in handling these types of disputes, and our attorneys are dedicated to guiding clients through the legal complexities with minimal stress. Whether you’re contesting or defending a will, we’re here to help. Contact us today at (203) 380-1743 to discuss your case.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For advice regarding your particular situation, please consult a qualified attorney.
