Testamentary Capacity

Disputes over the Ability of a Decedent to Make a Will

A common basis for a will contest or trust contest is a challenge to the testamentary capacity of the decedent. This means that an heir is questioning the ability of the testator (the person who created the will) to make decisions affecting the disposition of his or her property. The challenge can be based on the mental illness of the deceased or his or her general incapacity.

Building a case on the facts

At the Southern California law firm of Russakow, Ryan & Johnson, our lawyers represent people who charge lack of testamentary capacity in a decedent. We also act for people who benefit from the original disposition of the estate. In either instance, it is important to build a strong case based on the facts. We do the necessary research, consult with medical and psychological experts, and analyze the circumstances under which the wills were written.

For any issue related to the ability of a decedent to draft a will, contact our Pasadena or Orange County office. Whether you believe you should have been a beneficiary under the will, or are fighting to retain your inheritance, we can help.

Testamentary capacity issues

We have assisted people in situations involving:

• Dementia
• Failure to recognize predatory caregivers or neighbors
• Stroke and other illness affecting reasoning ability
• Paranoia
• Neglectful adult children
• People resisting the needed appointment of guardians Practice Area or conservators, demonstrating their inability to understand their situation

Proving the case

Our lawyers work to prove the existence or absence of testamentary capacity. We review medical records, send people for medical and psychological evaluations, and interview witnesses and neighbors. We use our investigators carefully, making sure our clients receive full value for their investment in our services. Contact our Southern California law firm, Russakow, Ryan & Johnson. We have the resources you need to resolve a dispute over testamentary capacity.