West Virginia Probate Appeal, Proving Lack of Testamentary Capacity Requires Proof of No Capacity at the Time of Execution

Uncategorized • Nov 21, 2015

Do you want to contest the will in West Palm Beach? Wills that are executed towards the end of the decedent’s life tend to be challenged on grounds of undue influence or lack of testamentary capacity. The latter comes up all the time when their is Alzheimer’s disease or dementia in the picture. Proving lack of capacity may not be as easy as you think though.

Proving Lack of Testamentary Capacity

Proving lack of testamentary capacity in West Palm Beach probate court is not impossible but many people do not understand what it is they have to prove.
You should talk to an experienced Palm Beach probate attorney to find out what is involved with a probate lawsuit.
The thing most people do not realize about suing for lack of testamentary capacity is that it asks a specific question.
The Court is only asking if the person lacked capacity at the time the person executed the will.
So the fact that they have dementia does not per-se mean you are right, there are such things as lucid moments.
A lucid moment is when the person is acting normal at that time.
This also means that findings that a person is not competent is not in and of itself enough evidence to set aside the will.
Again you have to prove at the moment they executed the will they did not have capacity.
The Court presumes absent evidence to the contrary that the person had testamentary capacity.
Check out this recent probate appeal from West Virginia, how do these same issues play out in West Palm Beach.

Cashion v. Cashion

This was a probate lawsuit brought by two brothers after their sister was left everything in the newest will.
In addition to claiming lack of testamentary capacity they also alleged that there was undue influence.
On appeal the case was examined to see if summary judgment was appropriate.
That is legal talk for the Court decided the case without a full trial and jury.
Do you have a claim for a will contest?
If so make sure to bring it up sooner rather than later because time is of the essence in a West Palm Beach probate lawsuit.

Want to learn more?

Check out the entire case of Cashion v. Cashion by clicking here.

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