Can a Will Be Contested Due to Mental Capacity?
The short answer is yes, but the process can be complex. At Harper Law, we work with families throughout Connecticut who are navigating this very situation. Whether you have concerns about the validity of a loved one’s will or you are defending a will that has been challenged, understanding the legal standards is an important first step.
What Mental Capacity Means in Connecticut
To sign a valid will in Connecticut, the person creating the will, known as the testator, must understand the nature of what they are doing. This includes:
Knowing what assets they own
Understanding who their beneficiaries are
Being aware that they are signing a legal document that directs how their estate will be handled
Connecticut law begins with the presumption that any adult signing a legal document has the capacity to do so. If someone wishes to challenge a will, the burden is on them to prove that the testator did not have the required mental capacity at the time the will was signed.
What If the Person Had Trouble Managing Finances?
This situation is more common than you might think. Just because someone has difficulty managing daily tasks or is under a conservatorship does not mean they automatically lack the capacity to create a valid will. The legal standard for making a will is lower than the capacity required to manage finances or medical decisions.
That said, signs of cognitive decline can still be presented in court as part of the larger picture. These details may not be enough on their own to invalidate a will but can support a claim that the testator did not understand what they were signing.
How Lifetime Gifts Are Treated Differently
Gifts made during a person’s lifetime, such as transferring a home or large sums of money, are treated differently under Connecticut law. These are known as inter vivos gifts and require a higher level of mental capacity. In these situations, the person must fully understand the nature of the gift, their financial situation, and how the gift could affect their future needs.
These types of challenges tend to be more difficult to defend, particularly when there are concerns about diminished capacity or undue influence.
What Evidence Is Considered in a Will Contest
Courts are primarily concerned with the testator’s mental state at the exact time the will was signed. However, evidence from before and after that date may also be considered. Common types of evidence include:
Medical records and evaluations
Testimony from doctors, caregivers, or mental health professionals
Statements from family members, close friends, or witnesses present at the signing
Notes or insights from the attorney who prepared the will
The closer the evidence is to the date of signing, the more weight it typically carries in court. Evidence that is too far removed from that date may still be useful but is often considered less persuasive.
Talk to a Connecticut Attorney Who Understands the Process
Will contests involving questions of mental capacity are not easy. They can be emotionally charged, and the outcome may impact the future of a family’s estate. At Harper Law, we approach these matters with compassion and care. Whether you are contesting a will or defending one, we can guide you through the process and help you understand your legal options.
You do not have to face this alone. We are here to support you every step of the way.
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Call us at (203) 883-1656
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At Harper Law, we’re here to help you through even the most sensitive estate matters with legal planning that always feels personal.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult an attorney for specific legal guidance.