The Denver wills lawyer at Donald Glenn Peterson Attorney at Law will aggressively represent our clients’ rights and interests in any will contests regarding not of sound mind or body claims.
In order for a will to be valid under Colorado law, the willmaker must be 18 years old or older, must be of sound mind when drafting and authorizing the will and must be aware of the assets they possess and how they want these assets distributed upon their passing. Claims that a willmaker was not of sound mind when drafting or authorizing the will are common ways in which wills are contested, and they will require specific evidence in order to stand up in probate court.
In order to successfully challenge a will on the basis of lack of sound mind claims (which may also be referred to as lack of testamentary capacity claims), an individual will have to prove that:
- The willmaker (also referred to as the decedent) did not know that he was, in fact, creating a will at the time the will was drafted.
- The decedent did not comprehend the nature of his assets when drafting the will.
- The decedent did not understand who his family members (i.e., heirs) were at the time of drafting the will because, for example, he did not recognize or couldn’t identify them.
- There is medical evidence of lack of sound mind, such as doctor’s reports, test results, etc.
Specific medical conditions that may give risk of “not of sound mind” claims include (but are not limited to):
- Alzheimer’s disease
- Traumatic brain injury
- Schizophrenia or other mental disorders
Consulting with an Experienced Denver Wills Lawyer
If you are contesting a will due to claims that an individual was not of sound body or mind at the time the will was drafted and authorized, the Denver wills lawyer at Donald Glenn Peterson Attorney at Law is here to help you aggressively protect your rights at every stage of the complicated legal process. Regardless of the precise nature of the dispute in your case, our full-service law firm can effectively defend your rights and interests to help you get through the legal process as favorably and efficiently as possible.
For more information regarding our services, as well as professional legal advice regarding the best manner in which to move forward with a not of sound mind or body claim, contact the experienced and trusted Denver wills lawyer at Donald Glenn Peterson Attorney at Law by emailing us or calling (303) 758-0999.