Competency disputes may also be referred to as “not of sound mind” claims or “testamentary capacity” claims, and the can be tricky to deal with, as:
- Establishing a competency claim in probate court will typically require the beneficiary to have medical evidence, such as doctor’s reports, test results, etc., that verify that the decedent was not of sound mind when drafting or authorizing the will.
- They could prohibit a beneficiary from collecting an inheritance if the will contains a “no contest clause” and if the court ultimately rules against the beneficiary’s competency claim.
Given all that is at stake when a competency dispute arises, it’s crucial that beneficiaries who are seeking to make such claims against a will work with the experienced Denver competency lawyer at Donald Glenn Peterson Attorney at Law. For years, we have been successful at helping our clients challenge wills on the basis of competency claims due to our extensive knowledge of probate law and our experience litigating such matters in probate court.