What specific evidence is needed to invalidate KS will?

Asked over 2 years ago - Overland Park, KS

Testator taking several Rx's for bi-polar disorder while highly addicted to oxycontin & valium when he signed will. Received allowance from sister who managed all financial affairs. Conpletely contrary to ongoing statements that all of his property would go to his children, they were omitted and all went to girlfriend. Decedent's name spelled 3 different ways throughout will. Witnesses did not sign base will, only self-proving affidavit.

Attorney answers (2)

  1. Timothy Edward Kalamaros

    Contributor Level 15


    Lawyer agrees

    Answered . The law about capacity and execution of wills gets down to fine details in state case law so you need to check with a Kansas lawyer. That issue about the signing may be covered in case law or perhaps not.

    However, in general, capacity requires a few simple things at the very moment of signing and publication of the will: knowlege of the natural objects of one's bounty (ie family members), knowledge of the nature and extent of one's property (not every detail just a good idea of what one has), understanding and intending the specific contents of the will, and an understanding of the signficance of signing a will (ie that it disposes of property after one dies).

    The key thing that people often dont understand is that to overturn what appears to be a validly signed will, you need evidence of incapacity at the moment it was signed. Now day in and day out, people with ailments affecting cognition are signing wills and if they have a good idea of those factors above at the moment they sign the wills it is usually good enough. I have read a case that says neither the fact someone is an alcoholic nor on pain medication in general are not proof of incapacity at the very moment of signing. So oftentimes I have to inform folks with issues such as you describe that a person who has mental illness or who may be on various types of drugs is not proof in itself of legal incapacity at the pertinent moment in time.

    No legal representation exists by virtue of this answer. Consult your attorney. Licensed to practice law in... more
  2. Donald Joseph Quinn II

    Contributor Level 15

    Answered . You need to consult a KS lawyer if you want specific answers.

    Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of... more

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