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competency
- Thread starter tacimus
- Start date
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You will need to be more specific than that.
Do you mean incompetence in the sense of being incapacitate due to a mental illness, disease, advanced age, Alzheimer, permanent, temporary, the inability of a person to make responsible decisions regard their person, their finances?
An individual can be incompetent mentally and/or physically in a medical sense and yet be competent to make a valid will. If that is what you have on your mind.
Generally speaking if the testator is aware of the nature of his property and the people that would normally be the object of his bequests, the will stands even though he or she is unable to make responsible decisions otherwise.
It takes a pretty strong showing of incompetence with clear and convincing evidence, before a court can deny the admission of the testator’s will to probate.
They don’t have to be able to read and quote from the Wall Street Journal.
And the court will NOT require medical evidence that the testator underwent a mental evaluation or “testing” before executing the will.
And post mortem testing for competency to make the will is difficult at best.
Is it possible that someone's will did not meet someone's expectations?
Do you mean incompetence in the sense of being incapacitate due to a mental illness, disease, advanced age, Alzheimer, permanent, temporary, the inability of a person to make responsible decisions regard their person, their finances?
An individual can be incompetent mentally and/or physically in a medical sense and yet be competent to make a valid will. If that is what you have on your mind.
Generally speaking if the testator is aware of the nature of his property and the people that would normally be the object of his bequests, the will stands even though he or she is unable to make responsible decisions otherwise.
It takes a pretty strong showing of incompetence with clear and convincing evidence, before a court can deny the admission of the testator’s will to probate.
They don’t have to be able to read and quote from the Wall Street Journal.
And the court will NOT require medical evidence that the testator underwent a mental evaluation or “testing” before executing the will.
And post mortem testing for competency to make the will is difficult at best.
Is it possible that someone's will did not meet someone's expectations?
I`m glad someone asks this question as well. I have a simular situation. Years ago my brother took me to court because my mom changed her POA to me as attoney in fact, my brother didn`t like it so he took me to court twice to try and have it changed back to him saying mom was incompetent. He did not have any medical proof so it stayed. Fast forward a few years and mom wanted to change her will and the lawyer she had wanted her to see a neurologist to make sure she was fit before he made the changes. Two separate Drs said she was not competent enough to make the changes so the lawyer didn`t change her will. Then my brother takes her back east and has her change the POA documents knowing full well she was not competent to do so and wont tell me where she is so I can persue the matter. Isn`t family just peachy. I took care of my mom for 2 1/2 years and she didn`t even know the town she lived in. I havent spoke to my mom for 9 months because my brother wont tell me where she is.
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