When a person dies with a proper Will in place, the administration of the estate usually proceeds without difficulty. Unfortunately, some people die without a Will or with a Will that does not adhere to the terms of Missouri laws . Another basis to dispute the terms of a Will involves the mental capacity of the will-maker.
Missouri law provides that any person of sound mind, eighteen years of age or older, may, by last will, devise his or her real or personal property. provides that, among other requirements, a will-maker must have “testamentary capacity” to make a Will. This means that the will-maker:
• Must understand the various affairs of his or her life
• Understand the extent of their property
• Know the individuals who will inherit under the terms of the Will
• Know that he or she is giving property to the individuals mentioned in the Will
The lack of testamentary capacity can sometimes be established in cases where the will-maker suffered from dementia which can include Alzheimer’s disease. In those instances, where the will-maker did not have the required testamentary mental capacity to make a Will, the Will can be invalidated.
In order to challenge a Will in the state of Missouri, it is necessary to file a probate action. These types of legal claims can be complicated and involve numerous complexities and deadlines. It is important, therefore, to speak to a lawyer who assists you in obtaining your rightful inheritance.
Talk to a Missouri Estate Lawyer
Estate litigation can be lengthy and stressful making it important to contact a Missouri estate lawyer as soon as possible. Legal disputes in the area of wills and estates are usually complex and time-consuming. Kenneth P. Carp is committed to helping those who may have been disinherited or who were only allotted a minimal amount in a Will made by an individual without the required mental capacity. Call Kenneth P. Carp today to schedule a free consultation.