The Intersection of Testamentary Capacity and Undue Influence

Ohio law requires that the testator or settlor be of sound mind and memory to make a will or trust.  Yet, there is a legal presumption of testamentary capacity on behalf the testator or settlor, and that the relevant evidence as to an individual’s testamentary capacity is properly confined to the testator’s capacity at the time of the execution of the will or trust, as well as to a reasonable time prior to, and after, its execution.

As our friends in the estate-planning community know well, testamentary capacity exists when the testator or settlor possesses sufficient mind and memory to:  (1) Understand the nature of the business in which he or she is engaged; (2) comprehend generally the nature and extent of their property; (3) hold in their mind the names and identities of those who have natural claims upon their bounty; and (4) be able to appreciate their relationship to the members of their family.

A person need not be mentally sound in all respects in order to possess testamentary capacity.  For example, evidence of dementia alone is not sufficient to establish a lack of testamentary capacity.  Instead, there must be evidence of how the dementia impacted the person’s testamentary capacity.  Further, general references to medical records that may depict an elderly, ill, forgetful, or confused person do not, without more, demonstrate lack of testamentary capacity.

The question of whether the testator or settlor possessed the requisite capacity to execute a will or a trust often arises when there is a claim of undue influence as relates to the testator or settlor.  With regard to an undue influence claim, the focus is on whether there is a manipulation that renders the testator or settlor unable to make their own decisions.  In order for a testator or settlor to experience undue influence, they likely must possess the requisite capacity.

The burden of proving such undue influence is upon the contestants of the will or trust.  Undue influence to invalidate a will or trust is defined as that influence which substitutes the wishes of another for those of the testator or settlor.  The alleged undue influencer’s acts must be so controlling that the testator or settlor could no longer make decisions for himself or herself and that their acts had a direct bearing upon the testator or settlor’s decisions to transfer and to dispose of their property.

In order to prove undue influence, the asserting party must allege and demonstrate such evidence sufficient to show that the undue influencer’s presence in the life of the testator or settlor unduly influenced the testator or settlor’s ability to manage their finances and estate.

Under Ohio law, Plaintiffs plead claims of undue influence and lack of testamentary capacity in the alternative.

This article provides an overview and summary of the matters described therein. It is not intended to be and should not be construed as legal advice on the particular subject.