Wills And Mental Capacity

Often, people have arguments or disagreements regarding trusts and wills is because they have concerns about the person’s mental stability at the time of signing these documents. It will not matter if there are any no contest clauses in the document, if it is shown that the signer of the document was not of sound mind and body, the document could be deemed invalid.

There can also be different levels of necessary mental capacity, depending on the kind of estate planning documents that are being used. When it comes to planning an estate, how mentally capable does a person have to be in the state of Texas? When someone signs a will, that person will not be mentally capable if:

  • He or she can not grasp the essence of the will or trust
  • Understand the relationship between the children, husband/wife, parents, and anyone else who is impacted by the estate planning documents
  • He or she has a mental condition that causes him or her to suffer from things such as misconception and apparitions

Regardless of what documents have been signed, a person has to understand what is being signed. They must fully understand what property and assets they have and what will be given away. They must be able to understand what the relationship is between themselves and the person who will be receiving their property.

The court will look at various factors to determine if a person is of a sound mind. The requisite capacity may not apply to every situation and every circumstance. The mental capacity of a person often decreases with age. As we know, many wills are written when a person has reached an older age.

If there have been any allegations of a lack of mental capacity of your loved one’s will, contact us today to consult with an attorney.