Incapacity Or Loss Of Mental Capacity

Some will contests center on what is in the mind of those around the testator (the person who executes a will). This is in the case with undue influence, where someone seeks to benefit him or herself, or with fraud, where someone seeks to benefit a third party.

In cases of incapacity, however, the central question concerns what is in the mind of the testator himself or herself. These cases involve assertions that the testator simply wasn't in the right state of mind — whether due to physical or mental illness, temporary delusion, or other circumstances — when he or she drafted and executed a will. These questions can be raised with respect to a will when it is first drafted, or when the testator seeks to modify it at some point.

How Our Firm Can Help Resolve Legal Disputes

Our estate litigation attorneys recognize that any will contest is a delicate legal matter. Emotions can run high on all sides, and disagreements between family members can quickly turn personal. At our firm, we zealously advocate for the position of our clients — whether they believe a will is invalid or are seeking to have it upheld in court — but will make every effort to resolve disputes in a way that minimizes long-term fractures in a family.

If your loved one's will is the subject of disagreement over accusations that he or she lacked the proper mental capacity, we encourage you to speak with a lawyer as soon as possible. Arrange a free consultation by calling our Fort Myers office at 239-344-9430 (877-243-1624 toll free) or email us now.