How can mental incapacity be proven post-death?

It’s common for questions to be raised regarding the mental capacity of a decedent after they have passed away. These questions are often raised because the beneficiaries of the estate are surprised about the wishes that their loved one has expressed in their will or trust.

Mental incapacity and undue influence often go hand in hand. This is because those with diminished mental capacity can be easily influenced and manipulated by others who have bad intentions. The following are some ways that you can prove that your loved one was suffering from mental incapacity after they have passed away.

Showing that they had a diagnosed condition

If your loved one had a diagnosed condition that is associated with diminished mental incapacity, it may be quite easy to prove your argument. Most commonly, dementia and aphasia can lead to mental incapacity. However, there is a wide range of disorders, both mental and physical, from brain damage to depression, which can severely impact a person’s ability to make sound decisions.

Showing that your loved one was not behaving normally

Showing that undue influence was at play can often be more challenging than proving mental incapacity. Therefore, if you believe that your loved one was affected by undue influence, you may want to argue that the way they acted points to mental incapacity. For example, if they created a trust for a person that they had known only for a few weeks and they were approaching the end of their life, this could point to a compromised mental state.

If you want to show that your loved one did not have the mental capacity to update their will or trust, you should take swift action to engage in litigation if necessary.