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

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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

Answers:

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

Answered 4 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.


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