Insane Delusion
September 6th, 2010 Filed under: Estate Planning — Estate Planning Author
In creating a will or trust, it is important that the mental state of the testator, or the person drawing up the will, fulfills the standards of the law. However, there are certain circumstances in which the testator may have drafted an estate plan under a problematic mindset. Known as insane delusion, an entire will or trust can legally fall apart if it is proven that the testator wrote the will without a sane mind. There are other ways in which a will can collapse regarding the mental states of those involved in its creation, namely in cases of fraud.
Insane delusion can occur when a person’s mind has been compromised, and yet they are still, according to the law, capable of creating a testament. Widely understood as testamentary capacity, the standards that determine insanity in an estate plan are separate from the eligibility standards of testament creation.
An insane delusion occurs when a person creates a clause or a beneficiary that clearly is the result of an inability to connect to reality. These clauses are not treated as mistakes, but instead are taken seriously in the process of executing the will. When present, they can develop into legal debates that invalidate the entirety of a testament.
Historically, a proven outburst of insanity has proven destructive to the execution of a will. In some cases, the lack of rational thought can deprive beneficiaries of their rightful property, such as parents believing they legitimately have no children when they clearly do. Similarly, parents who have cut their children out of a will have had some of those testaments legally changed.
The complexities of wills and trusts can make any would-be testator confused as to how to best protect their estate’s future. To learn more about what you can do, contact a will and trust attorney.
If you are looking to protect the future of your estate, contact the Houston will and trust attorneys of Garg & Associates, P.C. today.
