Challenging a will made by someone with dementia involves a careful legal process focused on proving that the person who created the will (the testator) did not have the necessary mental capacity at the time the will was signed, or that the will was influenced by undue pressure or other improper factors. Dementia itself does not automatically invalidate a will; what matters is the testator’s mental state at the exact moment the will was executed.
To challenge such a will, you must first have legal standing, meaning you are directly affected by the will’s terms—typically as an heir, beneficiary, or someone who was disinherited. Without standing, you cannot bring a challenge.
The main legal grounds to contest a will made by someone with dementia include:
– **Lack of Testamentary Capacity:** The testator must understand the nature of making a will, the extent of their property, and the claims of those who might expect to benefit. Dementia can impair this capacity. To prove incapacity, you need evidence such as medical records, expert testimony from doctors or psychologists, and witness statements about the testator’s mental state at the time the will was signed.
– **Undue Influence:** If someone pressured or coerced the testator into making or changing the will against their true wishes, the will can be challenged. This often involves showing that the testator was vulnerable due to dementia and that the influencer had a position of authority or trust and actively procured the will.
– **Improper Execution:** The will must be properly signed and witnessed according to legal requirements. If the will was not executed correctly, it can be invalidated regardless of the testator’s mental state.
– **Lack of Knowledge and Approval:** The testator must have known and approved the contents of the will. If dementia prevented them from understanding or approving the document, this can be grounds for challenge.
– **Fraud or Forgery:** Rarely, wills are forged or altered fraudulently, which can be grounds for invalidation.
The process typically begins by notifying the executor of the will about your concerns and reasons for contesting it. Legal advice is crucial early on to preserve evidence and navigate the complex rules. Gathering evidence involves collecting medical records, witness statements, and sometimes expert opinions to build a strong case.
It’s important to note that a diagnosis of dementia alone does not mean the will is invalid. Courts recognize that people with dementia may have lucid intervals during which they can make valid decisions. The challenge is to prove that the will was made during a time when the testator lacked the necessary mental capacity or was unduly influenced.
If successful, the court may invalidate the contested will, causing the estate to be distributed according to an earlier valid will or, if none exists, according to intestacy laws. If the will is upheld, but you believe you have not been adequately provided for, you may have other legal avenues to claim against the estate.
Challenging a will made by someone with dementia is often emotionally charged and legally complex, requiring careful preparation, clear evidence, and professional legal support to navigate the process effectively.
