When a last will and testament is only written in the final years of an individual's life, or is substantially altered late in life, there is a strong likelihood that the individual might not have had the requisite capacity to legally establish the current will. This particularly relevant where the individual is already on their deathbed or is in agonizing pain from a terminal illness. Similarly, if their mental capacity is fading or they are suffering from the onset of a mental disease or defect (i.e. Dementia, Alzheimer's), the validity of their will shall become highly questionable and therefore subject to severe legal scrutiny. For without the requisite mental capacity, the court is going to be reluctant of confirming a last will and testament that isn't equitable or represents a radical departure from an earlier iteration of the decedent's last will and testament.

Based upon the totality of the facts, it may be possible to have the judge determine that the now deceased drafter of the will lacked the requisite mental capacity to sign into force an enforceable last will and testament. However this is a fact heavy process, which invariably be countered by those who have the most to lose of the decedent is deemed to have lacked the requisite mental capacity to enter into an enforceable last will and testament. .

For experienced and specialized legal representation pertaining to wills with respect to inheritance disputes and estate litigation, contact the law firm of Neufeld Legal Professional Corporation and lawyer Christopher Neufeld, by telephone at 403-400-4092 or email at Chris@NeufeldLegal.com.

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