Did someone you know sign their last will without having the ability?
Inheritance is a privilege, not a right. We teach our customers that this is the customer’s decision Regarding how their assets will be distributed upon death. The last will and wills, or written transcripts that are properly prepared and executed, will determine how the client chooses to distribute his assets upon death.
There are certain legal requirements that must be met in order for the last will and wills to be valid. Otherwise, the will contest may end up being lifted after the client dies. One of the most important legal requirements is called “willing capacity”.
Commandment ability items
Distribution of property by will is a statutory right, and Texas law and Texas case law require that the testator (AKA, signed) be “of sound mind”. There has never been a definite and precise standard that has been announced for determining what constitutes a healthy mind. Rather, the measure of the testator’s mind when questioning is determined by the facts and circumstances of the case.
Commanded ability—which is considered synonymous with “sound mind”—is not so much a measure of reason, sound judgment, or even common sense as it is a measure of mental ability. The standard announced in a Texas Supreme Court case of 1890 is used in nearly every Will Contest case today.
A testator shall have the capacity of a will if he has had sufficient mental capacity at the time of the execution of the last will to:
- understand the work in which he is involved, specifically the work of the will;
- Understand the effect of his action in making a will;
- Understand the general nature and extent of its property;
- In other words, you know the natural things to reward him or her relatives; And
- Gather in his mind the items of business to be dealt with and hold them long enough to realize their clear relationship to each other and form a reasonable judgment.
In order to claim in a probate contest that the last will and probate were signed without probate status, there must be evidence that the person lacked the ability to know or understand one or more of the above factors, which the Texas probate courts use” As a test” of the ability of the will.
Need to speak with a Will Contest attorney?
Contact our office for more information about disability 214-559-7202 Or contact us online.