It’s safe to say that one of the most common issues that causes family members to debate the validity of a will or a trust, is a lack of mental capacity during the estate planning process. If someone is not able to act in their own best interests due to mental health issues, there’s a good chance the family members will protest the will. In legal terms, when someone can’t make their own decisions, due to mental health issues, this is usually described as not being “of sound mind”. Below, we are going to let you know more about what this means and how it can affect estate lawyer.
The definition of “of sound mind” means, that someone has the mental capacity to comprehend the things that are happening around them and that they can make logical decisions that are in the best interest for both themselves and their families. This is especially important for creating a will, since there are a ton of important decisions to take care of. If someone can’t understand what the implications of their will is, due to a lack of mental capacity, then the will can be challenged. However, this is difficult to prove for many families in an estate litigation.
The most common thing that occurs when someone challenges a will because they think that they deceased person was not “of sound mind” is an estate litigation. They will try to prove in court that the will is invalid because the deceased was not “of sound mind” when they signed it. The truth is that you need a great estate lawyer to help you lay out the evidence and prove things in court if you are protesting the will. Keep in mind that just because someone has an illness or mental disorder, it doesn’t necessarily mean that they aren’t “of sound mind” at the time in which they sign the will.
These types of scenarios can be very stressful and emotionally draining for the family. Make sure you hire a great estate lawyer to help you out if you are drafting a will. It can be challenging to make it through an estate litigation without a great lawyer by your side, so connect with Millman Legal if you are looking for an expert lawyer to help you navigate the estate planning process and any issues that come up.