There are certain requirements that must be met when creating an estate plan. The law requires that the individual signing the Will, Trust or other similar legal documents must have adequate mental “capacity.” In general, capacity means that the person understands the consequences of executing the documents, understands who their family is, and has a basic understanding of their assets. However, determining whether a person is competent to sign legal documents is not always easy.
Each state has its own definition of competency, but below are a few general guidelines:
- Comprehension. The individual signing the estate planning documents must have the ability to understand what it means to sign the Will. The signer must understand the extent and nature of the estate being disposed of by the Will. The signer must also comprehend the relationship he/she has with those individuals who would have some claim to the estate.
- Timing. When it comes to capacity, it is possible for the individual’s abilities to change from day to day. The testator must have capacity at the time the Will is signed. If there is any question regarding the signor’s capacity, it is imperative that you document the individual’s capacity on the day the documents are signed.
- Document type. The required capacity of the signer may be greater for some legal documents than it is for others. It important to confer with an experienced attorney to help ensure that the capacity requirements will be met.
If you have questions regarding capacity or you need assistance in creating an estate plan, let us help. We can make sure the appropriate steps are taken to establish the competency and capacity of the person signing the estate planning documents.
The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.