Lack of Capacity in Probate Disputes

Elderly man with cane sitting, looking out window

Assessing Testamentary Capacity in Estate Litigation

A foundational requirement for any valid estate plan is the mental capacity of the individual at the time documents are executed. When questions arise regarding a testator’s ability to understand the nature and extent of their assets—or the consequences of their distributions—decisive legal action is essential.

Our firm provides sophisticated representation in these complex probate disputes, leveraging medical evidence and expert testimony to either challenge or defend the validity of estate instruments. Whether addressing claims of cognitive decline, dementia, or temporary incapacity, we offer the meticulous advocacy necessary to ensure that only a person’s true, competent intentions are honored.

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