Ways To Prove That Someone Lacked The Mental Competency To Correctly Write A Will

If you're the adult child of someone who is aging, you may expect that you'll be the primary beneficiary listed in the person's will. However, there are many scenarios in which your parent could list someone else as a beneficiary, and this may upset you. In some cases, it's possible that your parent lacked the mental competency to make a sound legal decision, and this is one reason that you can contest the will. You'll want to hire a probate attorney and discuss the reasons that you believe your parent to have lacked mental competency. Here are some potential reasons.

Diagnosed With Dementia

If your parent had been diagnosed with dementia before writing the will or making changes to an existing will, this can be helpful for your case that he or she lacked the mental competency to perform this task correctly. Someone with dementia often makes irrational and confusing decisions, and this may be the case in your situation. For example, perhaps your parent left his or her estate to a neighbor who he or she has only known for a few weeks. This is an illogical choice and one that your attorney can link to the dementia.

Drug Addiction

Those who abuse drugs, even legal ones, can often make poor decisions while they're under the influence. As such, your attorney will be able to argue that your parent lacked the mental competency that was needed to correctly write his or her will. You'll need evidence that drug addiction was a likely culprit, and this can come in many forms. For example, if you've seen your parent talking illogically while under the influence, a video recording of such an episode can potentially strengthen your case.

Mental Instability

All sorts of mental health issues can affect someone's decision making — and be another potential reason for issues with writing a will properly. As the child, you may be acutely aware of your parent's mental health. For example, if he or she struggles with schizophrenia, you're likely accustomed to your parent making irrational decisions. You may be able to argue that your parent wrote his or her will during an episode with mental illness, thus meaning that he or she didn't possess the mental competency to do the job. Your attorney will ask you about other potential issues with your parent that may have been a factor when he or she wrote the will.

Contact an attorney, like David R Webb Attorney, for more help.