It would of course make perfect sense that anyone who puts together their will, must be in the mental state to do so.  A person must have both the testamentary capacity to create a will in the first place, if it is to stand the test of law.  The old preamble to most wills which says, “being of sound mind and body, I …”  is basically what we are talking about here.  If that is true and substantiated, then a will has a much better chance of withstanding contesting.

However, when it comes time to contest a will which is usually after the principal person has deceased, it can be quite difficult to prove that they were incapable of writing their own will at the time.  Basically the burden of proof is on the party questioning the validity of the will after the fact.  Those individuals who are being treated for mental illness,  or who have not yet reached a legal age are not allowed to create a will in the first place.

There are quite a few complicated processes that an individual must go through if they are to successfully contest a will.  I recently went through several will disbursements, and must admit, that they can be messy affairs.  One of the cases I was not a benefactor for, and the other one I was.  The one where I was a benefactor, had approximately 30 family members that were to receive a portion of the estate.  With that many people involved, it can be expected, that at least one person is not going to be happy with the outcome, and in my case there was.

The unfortunate part, is that when this happens there can be much undue friction amongst family members that may take a long time to heal.  I’ve come to the conclusion, that the whole process is fraught with emotional pitfalls that really outweigh the benefits.  Typically, the outcome is that the lawyers simply end up with more money, and the family ends up divided.  I’ve always believed, that it was best to respect the wishes of the dearly departed, and simply execute the body of the will as it stands.