Mental Capacity to Make a Will in Massachusetts
Ensuring Testamentary Capacity: Mental Capacity to Make a Will in MassachusettsWhen it comes to creating legally valid estate planning documents, one crucial factor is the mental capacity of the person signing them. In Massachusetts, the mental capacity required to sign a will, or other estate planning documents, is known as "testamentary capacity." It's essential to understand that mental capacity for making a will differs from the capacity required to enter a contract. Even individuals experiencing dementia can be considered to be "of sound mind" under certain circumstances.
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Understanding Testamentary Capacity
Testamentary capacity, or the mental capacity needed to sign a will, has relatively straightforward requirements. The individual signing the will must comprehend the extent of their property, recognize their immediate family members, and understand the consequences of signing the will. In simpler terms, they should know what they own, who their close relatives are, and that signing the will determines how their property will be distributed. Meeting these criteria indicates sufficient mental capacity to sign a will.
It's important to note that the person only needs to have this capacity at the moment they sign the will. Even if someone has a mental disorder or dementia, they might have lucid moments when they meet the necessary criteria.
It's important to note that the person only needs to have this capacity at the moment they sign the will. Even if someone has a mental disorder or dementia, they might have lucid moments when they meet the necessary criteria.
Proving Testamentary Capacity
In cases where there's no challenge to the will, the probate court typically assumes that the person who executed the will possessed testamentary capacity at the time of signing.
However, if the will disinherits a natural heir like a child or spouse, there's a higher likelihood of it being contested. The disinherited individual may claim that someone exerted undue influence over the deceased and that the testator lacked capacity.
In situations involving a challenge, those presenting the will must provide evidence of capacity. This can include testimonies from the testator's physicians or the estate planning lawyer who supervised the signing.
Obtaining a doctor's note at the time of execution can be a good practice to address any doubts about capacity.
However, if the will disinherits a natural heir like a child or spouse, there's a higher likelihood of it being contested. The disinherited individual may claim that someone exerted undue influence over the deceased and that the testator lacked capacity.
In situations involving a challenge, those presenting the will must provide evidence of capacity. This can include testimonies from the testator's physicians or the estate planning lawyer who supervised the signing.
Obtaining a doctor's note at the time of execution can be a good practice to address any doubts about capacity.
Mental Capacity and Your Aging Parents
Often, adult children assist their elderly parents in creating or amending their estate planning documents. Unfortunately, this need often arises when seniors begin to struggle with understanding day-to-day life due to declining mental capacity. Here are some important considerations for adult children helping their parents in such situations:
In conclusion, understanding mental capacity and its significance in creating estate planning documents is crucial. Whether you're an individual planning your estate or assisting aging parents, ensuring that the legal requirements for testamentary capacity are met is essential to avoid potential legal challenges down the road.
- Meeting Alone with the Attorney: Estate planning lawyers may request time alone with your parents. This isn't a reflection of distrust but rather an obligation to ensure your parents are comfortable with the estate plan and possess the required capacity to make decisions.
- Consulting a Doctor: If your parents intend to modify their will, especially if it involves leaving out a child or unequal inheritance, consider seeking an opinion from their doctor beforehand, especially if you are the child who will benefit from these changes.
- Communication: Ensure open communication with your parents. Their understanding of legal documents may differ from yours. Encourage them to discuss their concerns with the attorney, even if it means sharing those concerns privately.
In conclusion, understanding mental capacity and its significance in creating estate planning documents is crucial. Whether you're an individual planning your estate or assisting aging parents, ensuring that the legal requirements for testamentary capacity are met is essential to avoid potential legal challenges down the road.
Meet Our Estate Planning Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
How We Can Help
We are ready to help. We understand this can be a difficult issue to tackle, so we have designed our process to make it as easy as possible for you to make sure your family's plan still and accomplishes their goals. You can use the button below to schedule a free information call, or simply give us a call at 781-784-2322.
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