Lack of Capacity

One of the many issues that come up during trust and estate litigation is lack of capacity.  Lack of capacity essentially means that the person allegedly did not have the right amount of understanding when they executed their will, trust, or other estate planning document.

Proving lack of capacity, or defending against a claim that someone lacked capacity, can be a complicated matter. A person’s memory and understanding are often less than perfect. An individual’s awareness or lucidity can change over time, and there can be “good” days and “bad” days. Many medical issues can be implicated, which may require not only legal analysis but the involvement of medical experts.

The attorneys at Lester, Cantrell & Kraus, LLP have experience with this and other trust and estate litigation issues. We have successfully defended testamentary instruments, as well as had them set aside. Please contact our experienced Riverside trust and estate lawyers for a consultation and assessment of your situation.