How To Prove a Decedent Had Testamentary Capacity in California?

When someone we love passes away, their will determines how their assets will be distributed. However, will contests can arise due to several reasons. In California, one of the valid grounds for contesting a will is “lack of testamentary capacity.” Under this ground, the person contesting the will claims that the deceased, also called the decedent, did not have the mental capacity to create a valid will. If your loved one’s will is contested on this ground, proving testamentary capacity becomes crucial to upholding the decedent’s final wishes.

In this article, we discuss what testamentary capacity means under California law and what evidence you can use to prove it.

What Is Testamentary Capacity in California?

According to California Probate Code section 6100.5, a person has testamentary capacity if, at the time they signed the will, they,

• Understood the nature of the testamentary act
• Understood the nature and situation of their property
• Remembered and understood their relationships with living descendants, spouses, and parents

If a person meets the above criteria, the law assumes that they had testamentary capacity, even if they were ill, elderly, or taking medication at the time. For example, an older adult diagnosed with early-stage dementia may still be considered to have had testamentary capacity if, on the day they were creating the will, they understood that they were making a will, knew what property they owned, and recognized the family members who would normally inherit from them.

Common Allegations Regarding Testamentary Capacity

If a family member believes that their deceased loved one wasn’t mentally fit when they signed their will, they can contest it. Some of the common allegations that arise regarding testamentary capacity include;

• Allegations that the testator had dementia, Alzheimer’s, or another cognitive impairment that affected their ability to understand the implications of making a will.
• Allegations that the testator was hallucinating or had delusions, thus couldn’t make logical decisions.
• Suggesting that the testator was under the influence of drugs or alcohol.

Proving Testamentary Capacity

In California, the person contesting the will has the burden of proving their claims by a preponderance of the evidence. Because this is not a high standard of proof, you need strong, credible evidence to show that the decedent had testamentary capacity at the time they signed the will.

Here are some of the types of evidence you can use to prove that your loved one understood what they were doing when they made their will.

• Medical records from doctors, neurologists, or mental health professionals, showing the testator had an alert mind.
• Testimonies from those who were there during the signing of the will. California Probate Code section 6110 requires at least two witnesses for a will to be considered valid. Testimonies from these two witnesses can be invaluable.
• Emails, letters, and conversations showing the decedent discussing their estate plans logically.
• A recording of the signing process
• Attorney notes

In a contested case, experts may review the decedent’s records and offer an opinion on the decedent’s mental competence at the time of the will execution.

Contact The Probate Guy

Proving testamentary capacity requires the assistance of a skilled legal professional. For help defending testamentary capacity, contact the experienced California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6100.5.&lawCode=PROB