My granfather passed and in 2008 his 3rd wife got him to do another will, he had already been diagnosed with Dementia?

My grandfather made up a will in 2006. He married a lady from the Church and she had him change his will excluding me completely from his will. He had already been diagnosed with Dementia at this time. Would this last will be valid?

Asked on March 7, 2016 under Estate Planning, Tennessee


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

Answered 4 years ago | Contributor

Your grandfather's Will could be contested because its provisions excluding you were the result of undue influence by his third wife, and  since he had already been diagnosed with dementia that would render him more susceptible to undue influence. The Will could also be contested based on lack of testamentary capacity (mental competency) due to dementia. 

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.