Creating a well-crafted will is one of the most important steps you can take to help ensure that your estate is handled according to your wishes after your death.
Unfortunately, it is not uncommon for family members to question someone’s mental fitness when they created their will. If you anticipate this challenge, taking proactive measures can help prevent such disputes.
What is testamentary capacity?
The term refers to the mental competence required to make informed decisions about your estate and include them in your will. In Texas, courts typically examine testamentary capacity when a will is contested by a spouse, child or other interested party.
To uphold the validity of your will, it must be demonstrated that you:
- Understood you were signing a will and grasped its legal significance
- Had a clear understanding of the nature and value of your assets
- Were aware of your heirs and beneficiaries when making asset distribution decisions
If your will is contested on grounds of mental incapacity, the court will also investigate whether conditions such as dementia or mental disorders could have impaired your judgment.
How can you demonstrate testamentary capacity?
Proving your mental fitness for creating a will can be done while you are alive. Here are some strategies:
- Regular medical evaluations: Schedule consistent assessments with a qualified health care professional who can attest to and document your mental capacity.
- Letter of intent: Add a letter of intent to your estate planning documents that explains your final decisions to your loved ones and other beneficiaries.
- Strategic legal guidance: Consult with an estate planning professional to discuss potential challenges and strategies for strengthening your plans against contests.
With strategies like these, you can feel assured that your final wishes are honored and that your estate is distributed as intended.