Challenging A Will For Testamentary Capacity

If you believe that your loved one was not of sound mind when he or she created a will, and that the will does not truly reflect your loved one's final wishes, you may be able to pursue a will contest on the basis of testamentary capacity. At Mucci Law Firm in Albuquerque and Santa Fe, our attorneys have more than 10 years of experience handling testamentary capacity cases throughout New Mexico.

The Definition Of Testamentary Capacity

It is important to understand that simply because an individual was diagnosed with a condition such as Alzheimer's or dementia that impacts mental capacity does not automatically mean that he or she did not have the capacity to create a will. Typically, to contest a will on this basis, it must be shown that the creator of the will:

  • Did not understand the full value and extent of his or her assets
  • Did not know which people were the natural beneficiaries
  • Did not understand what he or she was stating in the will
  • Did not recognize how all of these issues formed a plan for distributing the estate

These are complex cases, and even demonstrating the above conditions does not guarantee the success of a will contest. Our lawyers will carefully review your case to determine the best approach for seeing that your loved one's final wishes are fulfilled.

Testamentary Capacity And Undue Influence

Many cases that people believe are testamentary capacity will contests are actually undue influence will contests. Perhaps your loved one had a mental health condition such as senility. Perhaps someone took advantage of this condition to coerce your loved one into writing him or her into the will. In these cases, the beneficiary exerted undue influence and that should be the basis for the will contest. Our attorneys understand all of the various options for moving forward with an estate dispute. We will make certain that your case is properly positioned and designed to achieve a positive outcome.

Free Consultations About Testamentary Capacity

Call 800-639-8403 or send an email to discuss wills and testamentary capacity.