Mental Capacity And A Will

Generally, anyone who is over the age of 18 is thought to have the ability to read a document, understand it, and sign it. This same way of thinking applies to wills. You must be able to understand that a will is being signed and you will also have to understand who will be impacted by the will.

One of the common reasons for a challenge of a will is the person’s mental capacity. If the person who signed the will does not have the mental capacity, the signed document will not be able to stand.

There is a variety of estate planning documents that can be signed, and this means there are different variations of mental capacities. When it comes to wills and other estate planning documents, how much mental capacity does a person need?

If a person hallucinates or is delusional, a person could likely be seen as not having mental capacity. However, if the person is having these hallucinations still creates a will that leaves everything to a spouse, children, and/or grandchildren, there may not be any problems.

In order for something to be valid, the person will need to know what was signed. You will be giving things to other people so you have to know what you are giving and who you are giving it to.

Many people do meet the necessary requirements that are needed to sign a will. If you are concerned about someone’s mental capacity when it comes to the signing of a will or if you have questions about when a person is unfit to create a will, contact us today for a consultation.