If a person was mentally competent upon making a will and then becomes mentally ill, is the will still good?
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 14, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
On This Page
The relevant question concerning the validity of wills is whether the person was competent at the time the will was made and executed (signed before witnesses). If the person was competent at that time, there is a valid will. The whole point of making a will while you’re healthy is to make sure the will is valid if you later become incapacitated. A problem might arise if the person making the will was competent when the will was made, but later became legally incompetent, and then wanted to change the will. In that case, the changes to the will wouldn’t be accepted by the probate court if there is evidence that the person was incompetent at the time the changes were made. The original will would still be a valid will.
Evaluating Mental Capacity and the Validity of Wills
There are three basic characteristics of a person’s mental capacity and state at the time of the will’s drafting that the court considers when determining the validity of wills. These factors are typically evaluated either by statements directly in the will or by the testimony of witnesses. In fact, that is why it is so important that three witnesses not only sign the will, but also give their address and any other pertinent contact information.
The first characteristic of a valid will that the judge evaluates is that the person is of sound mind. A person must be of sound mind when they create their will because they are making decisions regarding the entirety of their property. Sound mind is defined in general as having an understanding of your actions and a knowledge of your family, possessions, and surroundings. The typical way that the requirement of sound mind is met is through a phrase in the will’s opening such as, “of sound mind and memory.” This phrase makes the will a self-testifying will.
The second characteristicof a valid will that the judge evaluates is that the will is being made freely. It is a direct violation of the law in the United States to somehow induce someone to make a will. The most common problem observed in this regard is when a caregiver uses their close relationship to influence the person’s decisions in asset bequeathal. Such undue influence will not only result in a invalidated will, but a huge and costly court battle for the family in order to establish the undue influence.
The third characteristic is that the will is made willingly. Wills can never be made under threat of harm, regardless of how noble the person’s intentions are. Once again, if the will is shown to have been made under duress (threat of harm) it will be automatically invalidated.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Case Studies: Evaluating Mental Capacity and the Validity of Wills
Case Study 1: The Decline of Mr. Anderson’s Mental Health
Mr. Anderson, a successful businessman, drafted a will when he was in good mental health. However, as he aged, he developed Alzheimer’s disease, causing a significant decline in his cognitive abilities. His family becomes concerned about the validity of the will due to his deteriorating mental state. They wonder if the will remains legally binding despite his current mental incapacity.
Case Study 2: The Influence of a Caregiver on Mrs. Thompson’s Will
Mrs. Thompson, an elderly widow, relied heavily on her caregiver, Sarah, who assisted her with daily tasks and provided emotional support. Over time, Sarah began exerting undue influence over Mrs. Thompson’s decisions, including the contents of her will. When Mrs. Thompson passes away, her children discover the suspicious circumstances surrounding the creation of the will and question its validity.
Case Study 3: Coercion and the Threat of Harm in Mr. Roberts’ Will
Mr. Roberts, a wealthy philanthropist, was involved in a high-stakes business dispute. During the conflict, he received threats to his personal safety and the safety of his loved ones. Fearing for their well-being, Mr. Roberts hastily drafted a new will that heavily favored a specific beneficiary. Following his untimely demise, his family contests the will, arguing that it was made under duress and coercion.
Getting Help with Wills
If you have concerns about someone’s mental state when drafting their will, or if you have questions about the court’s requirements for a valid will, contact an estate planning attorney for a consultation. As a general rule, it is a good idea to always have wills drafted by an attorney who can also offer some guidance as to acceptable mental states.
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Mary Martin
Published Legal Expert
Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.