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Can I Contest a Will Based on Lack of Capacity or Undue Influence?

No one wants to see a loved one get taken advantage of as they reach the end of their life. Scammers target older people though, and they may even be able to influence how their wills are written if they play their cards right. That’s why it’s possible to contest a will when you believe that your loved one lacks capacity or has been subject to undue influence. A Des Moines wills lawyer can tell you more about how these challenges work.

When Can I Contest a Will Based on Lack of Capacity?

Someone who makes a will is supposed to have “testamentary capacity.” This means that they are of sound mind and understand what they are doing when it comes to their will and their estate. They should be able to understand things like:

  • The value of their estate
  • The identity of their heirs
  • What they are giving to each person through their will

If you believe that your loved one lacked capacity due to dementia or another issue, you can contest their will. You are basically arguing that they wrote this document without fully understanding what they were doing. Sometimes this is done at the behest of someone else, and we’ll get to that in a second.

What is Undue Influence?

Unfortunately, when some people see a friend or family member in declining health their first instinct isn’t to help them. Instead, they use whatever power they have over that person to influence their decisions. When someone does this to a testator in order to get a larger piece of their estate, it’s called “undue influence.” Someone has taken advantage of your loved one’s fragile state to benefit themselves.

If you suspect that someone has used their power over your relative in order to claim a bigger inheritance, then you should take legal action. This is a good reason to contest a will, and it should even be possible to get other family members on your side for this.

What Evidence Can Help Me Contest a Will?

The problem is that undue influence and a lack of capacity are not always easy to prove. Much of the evidence is circumstantial and someone accused of being a bad actor could just act like you have misinterpreted events for your own gain.

Still, there are some pieces of evidence that can make a difference. You may want to show that:

  • There are substantial differences between the current will and older drafts of it
  • The person accused of influencing your loved one had control or power over them
  • The testator had a medical diagnosis that indicated a lack of capacity

Talk to Our Legal Team

If you are ready to contest a will, you don’t have to do it on your own. Contact Herting Law, PLLC to schedule a consultation. We can hear you out and tell you more about your options.

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