Problems in Estate Planning Caused by Diminished Capacity – A Study by Michael E Weintraub Esq
Michael E Weintraub Esq

Problems in Estate Planning Caused by Diminished Capacity – A Study by Michael E Weintraub Esq

Michael E Weintraub Esq for a person to make a will or do estate planning. That is enforceable by law, he has to be of sound mental capacity. It is only the capability that matters since. The law does not bother whether the decision made is sensible or foolish. Because the capacity of a person to make decisions can change from time to time. Due to a large variety of reasons, legal competency is not absolute. Michael E Weintraub esq examines the various issues that may result from diminished mental capacity:

Michael E Weintraub Esq Standards of Competency Allowable Vary with the Task

The purpose for which a person is competent or not determines the standard of competency required. Different standards of competency are required by law for making contracts, making wills. The appointment of guardians, giving consent for medical treatment, etc. May be sought by a court of law to determine the extent of capacity.

Michael E Weintraub Esq The Capacity to Make a Will Requires the Lowest Competency

Even though making a will is an important decision, according to the law, it requires the lowest level of capacity. A person can make his will as long as he understands the nature of his property in a general way. Knows who his normal heirs are and that he is making a will. Even persons who have medical conditions or suffered illnesses. That may have impaired their speech or through processes. Required of them at the time of signing the will.

Undue Influence May Result in Invalidating the Will, Cautions Michael E Weintraub esq

If it can be proven that the person making. By another person, the will may be deemed invalid even if the testator is not incompetent to make the will. Influencing the testator to change his will in favor of someone who would not have normally benefited. Undue influence, especially when the testator is suffering.

From a terminal illness, in the last stage of his life, or otherwise, susceptible. The test of undue influence is that the testator feels obligated. To change his will to favor someone even when he does not wish to do so. Wills can also be contentious because of fraud, says Michael E Weintraub esq. By design or given tampered documents. To sign so that they will benefit people other than the intended beneficiaries. Even though wills made by fraudulent activities.


Whether a person has testamentary capacity can only be decided by the attorney drawing up the will and the witnesses based on information with the testators as well as his family and medical professionals. Because third parties assess capacity, it is necessary to follow all legal formalities, including proper representation by an attorney for the will be to be valid.

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