When a loved one passes away, the grieving process often brings intense emotions, including denial, anger, and sadness. After learning the terms of a decedent’s Last Will and Testament, you may even feel disbelief leading to concerns about your loved one’s state of mind at the time the Will was executed. If you suspect that your loved one lacked the mental capacity required to create a valid Will under Indiana law, you may have grounds to challenge the Will. Given the complex nature of a Will contest, it is in your best interest to consult with an experienced probate attorney if you are thinking of challenging a Will. In the meantime, however, the Indianapolis attorneys at Frank & Kraft help you to understand lack of testamentary capacity as it applies to an Indiana Will contest.
The Fate of a Will After the Testator’s Passing
After the Testator (creator of a Will) passes away, family members and loved ones typically search for a Last Will and Testament and other estate planning documents. If the decedent died intestate (without a Will), the Indiana intestate succession laws are used to determine how the estate assets are distributed to legal heirs of the estate. If a Will is located, it is filed with the appropriate probate court, along with a petition to open probate, to facilitate the estate’s administration. Probate is the legal process used to oversee the administration of a decedent’s estate. During probate, the court validates the Will and the terms of the Will are used to distribute the decedent’s assets to beneficiaries. Before any assets are distributed, however, several probate steps must be completed. The first of those is to ensure that the Will is legally valid. Once authenticated, the Will directs how the remaining assets are divided at the conclusion of probate.
Contesting a Will in Indiana
The Executor named in a Will is responsible for submitting it to the probate court in the county where the Testator lived at the time of death. At this point, any “interested” party may challenge the Will’s validity. Interested parties may include beneficiaries under the current Will, beneficiaries named in a prior Will, legal heirs, or even creditors. If you are thinking about contesting a Will, consult with an experienced probate attorney as soon as possible because you need to initiate the Will contest within three months of the date the Will is accepted by the court for probate.
To contest a Will, you must allege valid legal grounds for the court to consider. In other words, merely disliking the terms of the Will or being surprised by the gifts made by the Testator will not suffice. In Indiana, a Will may be challenged for several reasons, including allegations of undue influence, fraud, improper execution, revocation by a subsequent Will, and technical issues. One of the most common grounds on which a Will is invalidated, however, is “lack of testamentary capacity.” If the challenger successfully demonstrates that the Testator lacked the mental ability to create the Will at the time of its execution, the court can declare it invalid. If no alternative valid Will exists, the estate will be distributed according to Indiana’s intestate succession laws.
Understanding Testamentary Capacity in Indiana
For a Will to be valid, the Testator must possess testamentary capacity. Testamentary capacity is a unique legal concept and is not the same as the capacity required for entering into a contract. In fact, it is possible for someone to lack the capacity to form a contract yet still possess the capacity needed to execute a valid Will.
Indiana law asks several critical questions when determining if a Testator had the capacity necessary to create a valid Last Will and Testament, including:
- Did the Testator have sufficient strength of mind and memory to know the extent and value of his or her property?
- Did the Testator understand the number and names of the persons who under normal circumstances would inherit from him or her?
- Did the Testator understand what those persons might deserve given their treatment of the Testator?
- Did the Testator have a sufficiently active memory to remember these facts long enough to have a Will prepared and signed?
It is crucial to understand that testamentary capacity applies at the time the Will was created and executed. This is particularly important if the Testator suffered from Alzheimer’s or another form of dementia. An Alzheimer’s diagnosis, on its own, does not preclude the Testator from having the necessary capacity. If the Testator has periods of lucidity and periods of confusion, for example, the Will could still be valid if it was executed during a period of clarity. The complex, and often confusing, nature of testamentary capacity is one of the many reasons why you should consult with an experienced Indiana probate attorney if you are considering an Indiana Will contest based on testamentary capacity.
Do You Have Concerns about Testamentary Capacity in Indiana?
For more information, please join us for an upcoming FREE seminar. If you recently lost a loved one and you question whether they had the required testamentary capacity to execute a Will, contact the experienced Indianapolis probate attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.
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