Do you want to contest a will in West Palm Beach? Have you considered alleging that the testator lackedtestamentary capacity? You may want to see what the Court of Appeals in Texas had to say about the issue in a case filed May 14, 2015.
Lack of Testamentary Capacity
- A Last Will and Testament is supposed to reflect the will of the testator, but can it really do that if the person is not of right mind?
- Palm Beach probate litigators know that there is a problem when people tend to execute wills in old age, and that is the same time mental failings are at their peak.
- Do you know how to establish a party lacked testamentary capacity?
- You will have to show that at the moment they lacked it, showing a mental breakdown ten years ago or even six months ago will not be good enough.
- Simply showing someone has been judged incompetent may not be enough either.
- A person who has testamentary capacity should know what they are doing, what they have to give away and the fact that they are giving things away.
- Did your relative in Delray Beach edit their will a week before they died?
- Do you think they lacked testamentary capacity?
- How do you plan on proving it to a West Palm Beach attorney.
Estate of Neuman
- The Court of Appeals in Texas hears appeals cases in and for Texas regarding all matters of law, including probate issues.
- In the recent case of Estate of Neuman the appellant claimed that the probate court in the lower proceeding had failed to consider the question of whether or not the decedent lacked testamentary capacity at the time he executed the will.
- Does a court have to look to testamentary capacity every time?
- Palm Beach probate litigators know that a court presumes a party has testamentary capacity unless proven otherwise.
- Do you know how to prove otherwise?
Want to learn more? Check out our FAQ video library.
If you want to learn even more, check out the entire case by clicking here.