In a previous blog, I talked about contesting a Will. I mentioned how unlikely it is for someone to win the lawsuit when they are challenging a Will. In many cases, someone would try to challenge a Will if the individual was deemed to no longer have mental capacity when the Will was signed. However, even someone who is known to be mentally ill can make a valid Will that a Judge will honor. As long as they are considered to have the mental capacity when they meet with their Estate Planning Attorney, their Last Will and Testament will be considered valid. It is part of an Estate Planning Attorney’s job to make sure that their clients are of sound mind to make their will, despite the reality that the person was diagnosed with a mental illness. This is true for anyone, even if they are an alcoholic, a drug addict, or someone suffering from any form of dementia. To put it in simpler terms, if you met with a qualified Estate Planning Attorney and you were not capable of proving to him/her that you were competent, they would simply not hire you as their client. They would not feel comfortable changing/drafting any kind of Estate Planning Documents for you. Attorneys don’t do evaluations to be mean or judgmental. They evaluate their clients to ensure that in the future if anyone tried to contest their Will, there is no doubt that it would just be a giant waste of time. If anyone tried to challenge your Will saying that you were not mentally capable to make decisions regarding executing your Last Will and Testament, they have to provide evidence that when you met with your attorney, you were mentally unstable and as long as your Attorney can say that you were of sound mind, no one can deem your Will invalid. As stated before, for someone to challenge a will and win is unlikely as long as the Will was executed properly. If this is something that you are worried about, please make sure you are not trying to do your own Will. When you have an experienced Estate Planning Attorney execute your will for you, no one will be able to challenge your Will and win.
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