There are certain requirements that must be met in order for a legal document to be considered valid. One important requirement is that the person signing the document must have adequate mental “capacity” to understand the consequences of executing the document. If you have concerns regarding the capacity of an individual who executed a trust, will, or other document, we can help you determine if there was a lack of capacity. Every state has its own definition regarding competency, but below are a few general guidelines: 

  • Individuals must understand the nature of the trust or will. That means they must understand they are distributing property and assets to named beneficiaries upon their death.
  • They comprehend the extent and approximate value of the assets and property they own.
  • They must recognize and appreciate their relationships with family members and other beneficiaries

Proving lack of capacity can be difficult for even good attorneys. Courts are reluctant to overturn the apparent intent of individuals who are no longer alive to testify regarding their true intent. Thus, it is essential to work with our attorneys who are experienced in gathering the necessary evidence and creating the best strategy to establish lack of capacity. To set your appointment right away, please call us at: (714) 963-7543. You will not get the “typical law firm” feel from our office. We are different. Our systems are designed to save you time, to save you money, and to put you in control. At The Legacy Lawyers we are dedicated to your peace of mind.