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When does someone have the capacity to make a will?

On Behalf of | Sep 28, 2018 | Probate And Estate Litigation |

In order for a person to be able to make a valid will, they must be of sound mental capacity. This is because if someone does not have the mental clarity to make an informed decision, they could make a will that does not reflect their true wishes. In addition, when a person is suffering from a mental illness or a mental incapacity, it can make them vulnerable to people who wish to exert undue influence for their own personal gain.

If you have a loved one who has recently made a will or who has recently passed away, you may be concerned as to whether they were of a sound mind when they made their will. It is important that you take the time to understand what criteria are used in order to evaluate whether a person has the capacity to make a will in the state of Massachusetts.

Assessing mental capacity in will making

In order to make a valid will, the testator must understand the nature of making a will and the effect it has. In addition, they should have a full understanding of the estate that they have. They should also be able to weigh up the options in regard to deciding whom to include and exclude from the will.

If a testator has suffered a serious illness in the past and there is concern that the will might be challenged in the future, many people think it is appropriate to have a medical professional witness the making of the will. This adds validity to the will-making process and makes it more difficulty to challenge a will in Massachusetts.

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