Do you want to challenge a will in Palm Beach? Have you considered challenging the testamentary capacity of the decedent? You may want to see what an Illinois court had to say about the subject in a recent case.
Testamentary Capacity
- Testamentary capacity is a decedent’s ability to “know and understand the natural objects of one’s bounty, the nature and extent of one’s property, and to make a disposition of property according to some plan formed in the mind.”
- In other words, the person has to have the mental ability to know what they have, and to give it away in an organized manner.
- In Florida, a testator is presumed to have testamentary capacity.
- If someone challenges a will on grounds of lack of testamentary capacity they have an obligation to put forth evidence otherwise the claim will fail.
- Do you know how much evidence you have to present to challenge a will in Boynton Beach?
- In Florida in order to be valid evidence, it has to relate to a time at or near the execution of a will. Is a mental breakdown a year later good enough?
Estate of Schutzbach v. Stoltz
- The Appellate Court of Illinois reviews cases of all types in Illinois, including probate cases.
- The Court recently filed its opinion in the case of Estate of Schutzbach v. Stoltz a will contest case.
- The decedent had died in a car crash without any children. He was also divorced. Ultimately the will contest would consist of two of his brothers and his mother arguing over whether his will was valid and if so how to construe it.
- The case dealt with a will contest which ultimately failed. The court denied review finding that credibility of evidence was at issue and that the parties had failed to prove lack of testamentary capacity.
- How do you plan on proving your will contest? Have you considered witness credibility? Is a jury going to believe your witness?
Want to check out the entire case? A free, full version is available here.