Contesting a Will on the Basis of Dementia

Unfortunately many individuals experience dementia as they enter the last stages of life. Sometimes, this dementia can lead to questionable terms in that individual’s will. If you are considering challenging a parent’s will because you don’t believe he or she had the proper mental capacity when he or she signed it, a recent article discusses several considerations you should make before launching your challenge.

  1. Did your parent write the will, or was it prepared by an estate-planning attorney? If your parent prepared the will, did he or she purchase a form will online or from a retail store? If an attorney prepared it, how long did the attorney know your parent?
  2. Was your parent taking any medications? It is important to know what medications your parent was taking, and if he or she took them the day he or she signed the will. Additionally, if your parent was taking medications, determine any likely side effects.
  3. Review your parent’s medical records. This gives you an insight into what his or her doctors believed was going on, as well as log any strange or out of character behavior.
  4. Discuss the issue of mental capacity with your parent’s healthcare workers. A person’s primary care physician will often be able to tell you of any changes in your parent’s mental capacity, and whether or not these changes occurred at the time he or she signed the most recent will.
  5. Finally, consider when probate was opened, and how long you have to enter a challenge.

For assistance in determining whether you should challenge your parent’s will, contact us at (626) 696-3145.

Request A Consultation

"*" indicates required fields

This field is for validation purposes and should be left unchanged.