Skip links

Lack of Capacity

A lack of capacity is when you challenge the validity of a will based on the diminished mental capacity of the person making the will.

This problem is seen more often because of the transfer of wealth taking place between the World War II and baby boomer generations.

Usually a beneficiary finds out that there is something wrong or missing from their will. Usually they feel in their gut that the will was signed by someone who is not 100% mentally.

The grantor may have had surgery, may have diminished mental capacity from Alzheimer’s or from dementia, or may be affected by medication that they’re taking.

A person lacks capacity to execute a will or a trust if they lack the ability to understand what they owe in assets and comprehend to whom those assets will go.

If someone has a lack of capacity, they do not have the ability to understand what it is that they’re signing when it comes to a will.

You can try to prove a lack of capacity using medical records and testimony of the people who were familiar with the decedent.

Absence of mental capacity at time a will was executed can be cause for disputing a will. A safeguard against having people who lack testamentary capacity from making wills is the presence of a lawyer involved in the will drafting and execution process.

If someone you know suddenly changed a will to what you believe was opposite of what you know them to want, you should follow your gut and talk to an attorney, quickly.

Other Services

Probate or Estate Litigation
Tortious Interference

Recent Clients Recoveries

  • $510,000 in a business dispute
  • $250,000 in a trust dispute
  • $417,000 in a business dispute
  • $385,000 in a trust dispute
  • $750,000 in a trust dispute
  • $723,000 in a business dispute
  • $435,000 in a probate litigation
  • $775,000 in a Legal Malpractice Dispute

Multiple legal fee payment options

Hourly Fee

Clients pay an hourly rate for a case.

Find out more about payment options

Hybrid Fee

Clients pay a combination of an hourly rate and a contingency fee for a case.

Find out more about payment options

Contingency fee

Clients pay attorney fees after a case is completed and when it pays out. 

Contingency fee  means that the client pays legal fees when the lawyer and case brings in money from the legal actions taken. Reed immediately begins work on the case to pursue a legal action that will yield financial results. Clients meanwhile are not billed, have to write a check, or pay by credit card to get a case moving. Every case is reviewed and there is no guarantee that it will qualify or be accepted as a contingency fee case but you should find out through talking with Reed.

Contingency fee cases are available for business litigation, and for trust and estate litigation cases.

Find out more about payment options

Flat Fee

Clients pay attorney fees for a project fee where an amount is set based on the work expected for a case.

Find out more about payment options
We Are Open for Business. Law firms are essential & remain open. We work by phone, by e-mail & video conference. We are all here to help you.