If you’ve been dipping your toe into the world of estate planning, you may have come across the term “testamentary capacity” and wondered what that term means exactly. Testamentary capacity is the legal term for the mental and legal ability to create or change a will. In Massachusetts, the laws governing testamentary capacity are essential for ensuring that a person’s wishes regarding the distribution of their assets after death are honored.
Legal Standards For Creating A Will
Under Massachusetts law, the individual must meet three main criteria at the time they execute their Will. The testator or testatrix must be at least 18 years old, must be of sound mind, and must be executing the document of their own free will. For the purposes of a will, a person is of sound mind if they can demonstrate that they understand the nature and consequences of their Will. In general, an individual of sound mine would be able to demonstrate:
- An understanding of the extent of their property and assets.
- An understanding of the individuals who would typically inherit their property.
- An understanding of the act of making a will and its implications.
Challenging Testamentary Capacity
The testamentary capacity of an individual is most often called into question by an heir or beneficiary challenging the will’s validity after the testator or testatrix has passed away. In Massachusetts, the burden of proof typically lies with the person challenging the will, who must demonstrate that the testator did not meet the legal standards for capacity. When testamentary capacity has been called into question, the courts typically look to the following evidence:
– Witness Testimonies: In Massachusetts, at least two disinterested witnesses must be present at the time the will is executed. Those witnesses may be asked to provide testimony regarding the individual’s state of mind at the time they signed their Will.
– Medical Records: Although medical capacity and testamentary capacity are two different legal standards, medical records documented at or around the time the Will was executed can provide insight into the individual’s mental health at that time. It is important to remember, however, that the two standards are not mutually exclusive, and it is possible for a person to lack medical capacity, but still have testamentary capacity.
– Expert Testimony: In some cases, an expert witness may be called to testify about the testator’s capacity by examining the evidence and providing their opinion as to whether the individual had the capacity to execute a Will.
The Role Of The Estate Planning Attorney
There is no way to know for certain at the time the Will is executed whether an individual’s testamentary capacity will be called into question in the future. However, there are certain techniques and strategies that can be implemented now that will help mitigate the chances of a successful will contest. Estate planning attorneys play a vital role in the preparation and execution of a Will in compliance with Massachusetts law, which will help solidify its validity. An estate planning attorney can help verify testamentary capacity by conducting and documenting interviews to gauge the individual’s understanding and intent.
A good estate planning attorney is also adept at identifying cases where there is a likelihood that testamentary capacity will be challenged in the future and taking the necessary steps to mitigate those chances. For example, if a client possesses testamentary capacity but is experiencing a cognitive decline, the attorney may take extra steps to document the presence of testamentary capacity. This may include requesting that the client visit their doctor and obtain a note regarding their mental state on the same day the Will is executed. The attorney may also consider conducting additional tests for capacity prior to execution of the Will.
Conclusion: Testamentary Capacity
Testamentary capacity is a fundamental component of estate planning and probate law in Massachusetts. Understanding the criteria for executing a Will is essential to preserving the testator’s or testatrix’s wishes after they have passed away. If you are interested in executing a will, consulting with an experienced attorney is essential to navigate the complexities of testamentary capacity and to protect the interests of all parties involved.