Can a Will signed by a person with memory issues be contested?

UPDATED: Sep 30, 2022

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Can a Will signed by a person with memory issues be contested?

I am the oldest of 3 sisters. Our youngest sister has had control over our father for about 5 years. He had started having memory issues while living in GA with my sister. She then decided to move him to SC, away from myself and the middle sister. He started having severe problems with his mind even getting loose from a memory care facility my sister had put him in when she realized she could not or would not care for him. He then had a heart attack. He needed quadruple bypass surgery. He had given her power of attorney over his health. However, my middle sister and I suspected she had also talked him into signing another Will. I now know this is true, although I don’t know how she changed it. Can my middle sister and I contest the new Will due to my father’s unstable mental condition?

Asked on January 3, 2017 under Estate Planning, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have grounds to contest your father's Will based on undue influence on the part of your sister and lack of testamentary capacity (mental competency) on the part of your father.
Both of these issues present very strong arguments for contesting the Will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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