Elements of a Lack of Capacity Will Contest
A person can be of sound mind or not have a sound mind while elderly, dying, or diagnosed with dementia or Alzheimer’s – the two are not mutually exclusive. These conditions may indicate a person couldn’t sign a Will, because they lack the capacity, but their mere existence alone doesn’t prove incapacity. For the judge to rule the will invalid your Will Contest Lawyer must present evidence to the judge that the condition was so extensive the deceased didn’t have the appropriate capacity. Other terms use for “Lack of Capacity” are “Lack of Testamentary Capacity” or “Mental Incapacity.” A person lacks the capacity to sign a Will if he didn’t know who he was, who his family was, his or her assets or if he or she didn’t understand the effect of signing the Will on his assets or family.
Proving a Lack of Capacity in Vancouver to the Court
The judge hearing a Will Contest case can find the Will invalid due to Undue Influence only if he or she hears the proper and compelling evidence. Gathering this evidence will require depositions, expert witnesses such as medical professionals, interrogatories, witness interviews, subpoenaed documents and evidence presented following the Rules of Evidence and subject to objections by the Will’s proponent. Proving someone lacked the capacity to sign a Will requires proof including medical records and securing a doctor’s testimony. Our Will Contest Attorney will walk you through every step of this complicated journey.
Who May Bring a Lack of Capacity Will Contest Challenge?
Only an “interested party” may bring a Lack of Capacity Will Contest Challenge, usually a beneficiary. A person would become an interested party if the Will created damages them financially.
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