When your loved one passes away, it can be incredibly devastating. However, these matters can grow even more complicated when you have reason to believe their last will and testament is invalid due to a lack of testamentary capacity. Unfortunately, these matters can be incredibly complicated, so it’s imperative to understand your legal options during these times. If this reflects your circumstances, the following blog explores what you should know about these matters and why connecting with Tampa estate litigation lawyers is in your best interest in these matters.

What Is Lack of Testamentary Capacity?

When planning an estate, there are a number of important decisions that must be made. As such, the person creating a will, the testator, must have the mental capacity and soundness to understand their choices. When they are not able to understand the gravity of their decisions, they may make choices that do not accurately reflect their wishes. As such, it’s important to understand if someone is not of sound mind, they cannot accurately create a will.

If you have reason to believe your loved one lacked the necessary testamentory capacity to plan their estate, you can contest the will. Essentially, this means you are trying to prove that the will is invalid and should not be followed. It’s important to note that contesting a will is an incredibly complicated and expensive process. In some instances, you may receive a lesser inheritance as a result of contesting the will, so it’s important to understand the impact this decision can have.

How Can I Contest the Will?

Generally, only certain individuals have the right to contest the validity of a will. This includes legal heirs, beneficiaries, and anyone else with a vested interest in the estate.

To contest the will, you’ll need to first file a petition with the courts. In this case, you would file on the grounds that you believe there was a lack of testamentary capacity, but other reasons you may want to contest the will is because you believe there was undue influence, fraud, or forgery.

Once you’ve filed the petition, your attorney will begin gathering information to help support your claim. This includes medical records, communications from the deceased, and testimony from friends and family regarding their mental state at the time they created or amended the will.

This is an incredibly difficult and complicated matter, so it’s imperative to connect with an experienced attorney who can help guide you through these times. At Tampa Law Group, we understand how difficult it can be to grieve the loss of your loved one and engage in a complicated legal battle. That’s why our team is committed to fighting for you. Contact us today to learn how we can assist you during these matters.