Testator Not of Sound Mind
The first main way to challenge or contest a will is to show that testator was not of sound mind. The testator refers to the individual who made the will and has since died.
Sound mind is determined by a totality of the circumstances standard based on factors such as whether the testator:
- knew and understood the nature of the property
- knew who the takers of the property would be
- understood how the property was disposed of (i.e. distributed), and
- made an orderly distribution of the property
For example, if the testator made an unnatural distribution of property, like disinheriting his or her children, then a court may be more willing to say that the testator was not of sound mind. That is why if a testator wants to make an unnatural distribution of property, the testator must clearly articulate and document it.
Next, we’ll take a look at how to show lack of intent on part of the testator.