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Reasons an Estate Plan Could Be Challenged: Part 4 – Lack of Testamentary Capacity

Estate Planning is essential for many reasons, which are set forth in prior articles. Links to these articles are set forth at the end of this article. This series focuses on how an Estate Plan could be challenged. This series shows the importance of doing Estate Planning in the right way. The first article in this series focused on formalities. The second article in the series examined undue influence. The third article in the series looked at fraud. This article will focus on testamentary capacity.

Let’s say your father signed a Will. He avoided all the pitfalls of the prior article. Your father went to an experienced estate planning attorney who made sure the execution of the Will met with your state’s requirements. There was no undue influence which was discussed in the second article in the series. The signature was not fraudulent, as discussed in the third article in the series. However, your father still had to have “testamentary capacity” when he signed the Will.

Read more: https://www.aaepa.com/2019/12/reasons-an-estate-plan-could-be-challenged-part-4-lack-of-testamentary-capacity/

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Stephanie Steele
Stephanie Steele
Stephanie has been practicing in the Cobb County area since 2006. Her professional work focuses on family and probate law, and she serves as a Guardian ad Litem in both the Superior and Probate courts. Stephanie is very engaged in both the legal and the local community. Her volunteer work has been recognized at both the county and state level.
Stephanie Steele
Latest posts by Stephanie Steele (see all)
  • Biden Administration Could Reduce Estate Tax Exclusion - February 10, 2021
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