This is Part 2 of 4 in a series of posts that will address will contests. These posts will focus on Connecticut law, however similar issues arise under New York law and elsewhere. Part 1 addressed will contests based on undue influence.
The issue of testamentary capacity is frequently confused or conflated with “undue influence” but in fact concerns different issues and comprises a separate, independent basis for challenging a will.
Connecticut law presumes that an individual executing a will has the requisite, testamentary capacity, which requires that he or she to understand: (i) who his or her family members are (as typical heirs); (ii) the nature of his or her property, and (iii) what the will accomplishes with respect to the disposition of property. Each of these three elements must be present at the time the will was executed. As one court put it: the testator or testatrix “must have had mind and memory sound enough to know and understand the business upon which [he or she] was engaged, that of the execution of the will, at the very time” it was executed.
A successful will challenge based upon lack of testamentary capacity requires an evidentiary showing that one of the three elements above is lacking. Such issues frequently arise where the testator has experienced cognitive decline (which can unfortunately result in changing levels of lucidity), suffered trauma, experienced psychiatric issues, or may have acted under duress. All of these are common concerns for family members of elderly relatives, and they highlight the importance of proper and timely estate planning.
There is no simple, “one size fits all” approach to will challenges asserted based on capacity issues. As one can imagine, each case requires a detailed factual analysis, and discovery is needed to establish facts necessary to prevail.
Keep in mind that a property transfer while the grantor is alive (an “inter vivos” gift) can likewise give rise to similar but distinct questions about capacity.
As with other grounds for challenging a will, the above issues can be developed and supported by discovery during the litigation of a will challenge. New York courts follows a similar rubric, but there are important procedural and substantive distinctions.
This content is provided as background and does not constitute legal advice. The attorneys at our firm have many years of experience with probate issues. For more information or to schedule a free consultation, contact us at info@lalorattorneys.com / 646.818.9870
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