Most people assume that once a will is signed, their wishes are set in stone. In reality, wills are challenged more often than many families expect. Disputes typically arise during periods of grief, stress, or family conflict, when emotions run high. As a geropsychologist, I’m often asked to explain how mental health, cognitive functioning, and medical history influence these legal battles. Understanding the basics can help families navigate the process with more confidence and less fear.
Why Wills Get Contested
A will can be challenged for several reasons, but the most common involve questions about the person’s mental state at the time the document was created. Families may worry that their loved one was confused, pressured, or impaired. Courts take these concerns seriously, especially when the individual was older, medically fragile, or experiencing cognitive decline.
What “Testamentary Capacity” Really Means
Testamentary capacity is the legal standard used to determine whether someone had the mental ability to create a valid will. It’s a surprisingly modest threshold. At the moment the will was signed, the person must have been able to:
Understand that they were making a will
Know the general nature and extent of their property
Recognize the “natural objects of their bounty” (typically family or close others)
Form a coherent plan for how they want their assets distributed
This doesn’t require perfect memory, flawless reasoning, or even consistent clarity. Many older adults with mild cognitive impairment, early dementia, or psychiatric conditions still meet the legal standard. What matters is their mental state at the time of signing, not before or after.
How Medical and Psychiatric History Come Into Play
When a will is contested, attorneys often gather medical records, medication lists, and hospital summaries to reconstruct the person’s cognitive and emotional functioning. These records help answer key questions:
Was the individual experiencing confusion, delusions, or memory loss?
Were they taking medications that could impair judgment?
Did they have a neurological condition such as dementia, stroke, or Parkinson’s disease?
Were there psychiatric symptoms like depression, anxiety, psychosis, or delirium that might have affected decision-making?
Medical history doesn’t automatically invalidate a will. Instead, it provides context that helps the court understand whether the person’s thinking was sound when the document was executed.
The Role of Neuropsychology
Neuropsychologists are often called upon to evaluate cognitive functioning when capacity is in question. These assessments can include:
Memory testing
Executive-function tasks (planning, reasoning, problem-solving)
Attention and processing-speed measures
Language and comprehension evaluations
Measures of judgment
These evaluations can be done before a will is created (proactively, to reduce future disputes) or after, when the court needs expert insight. Neuropsychological findings carry significant weight because they offer objective data rather than opinion or speculation. When I am asked to do neuropsychological testing in a capacity case, I gather as much data as possible, because the stakes are high in these cases, and my opinion must be objective. It’s very important not to assume that someone has or lacks capacity before gathering all of the data.
Undue Influence: When Pressure Becomes a Legal Issue
Another common reason wills are contested is the suspicion that someone manipulated or pressured the individual. Courts look for red flags such as:
Isolation from family
Sudden changes in beneficiaries
A caregiver or relative controlling access to information
A vulnerable adult dependent on someone who benefits from the will
Psychological vulnerability due to grief, cognitive decline, or mental illness can increase the likelihood that undue influence occurred.
How Families Can Protect Against Future Disputes
A few proactive steps can dramatically reduce the risk of a contested will:
Encourage loved ones to update estate documents while they are clearly capable
Document cognitive evaluations when appropriate
Ensure the drafting attorney spends time alone with the individual
Avoid last-minute changes during medical crises
Keep communication open among family members
These measures help preserve both the person’s wishes and family relationships.
Contesting a will is emotionally and legally complex, but understanding the role of testamentary capacity, medical history, and neuropsychology can make the process less intimidating. At its core, the legal system aims to honor the individual’s authentic intentions, and a geropsychologist is often part of the process to offer a medical opinion based on neuropsych testing, record review, and interviews with the patient and others.
PROTECT YOUR LOVED ONE'S WISHES WITH A TESTAMENTARY CAPACITY EVALUATION IN LOS ANGELES, CA
When family members question whether a will reflects someone's true intentions, or when concerns arise about cognitive functioning at the time of signing, testamentary capacity in Los Angeles, CA evaluations provide the clarity and legal protection everyone needs. Estate disputes often emerge during periods of grief and stress, when emotions cloud judgment and documentation feels incomplete. A proactive capacity assessment can prevent costly litigation, preserve family relationships, and ensure that your loved one's authentic wishes are honored rather than contested in court.
As a trusted geropsychologist providing testamentary capacity in Los Angeles, CA evaluations, Dr. Stacy Reger understands that capacity assessments are about more than checking boxes—they're about documenting cognitive functioning with scientific rigor while honoring the person's dignity and intentions. Her approach combines comprehensive neuropsychological testing, thorough medical record review, and interviews with the individual and relevant parties to provide courts, attorneys, and families with clear, objective evidence. Dr. Reger's work ensures that decisions made today are grounded in accurate assessment—not assumption, speculation, or family conflict.
Take the next step toward legal clarity and family protection:
Call (424) 262-1925 to discuss whether a testamentary capacity evaluation is appropriate for your situation
Schedule a with a geropsychologist who specializes in estate planning cases
Receive a comprehensive evaluation that meets legal standards and protects your loved one's true intentions
OTHER SERVICES DR. REGER PROVIDES IN CALIFORNIA
Beyond testamentary capacity evaluations, Dr. Stacy Reger offers a full range of neuropsychological assessments and geriatric mental health services designed to support families, legal professionals, and healthcare teams through every stage of aging and cognitive change. Her practice includes comprehensive dementia evaluations, baseline cognitive assessments for proactive estate planning, pre-surgical psychological screenings, and consultations that help families understand capacity concerns before crises arise.
Dr. Reger also provides therapy for older adults and their caregivers who are managing the emotional weight of cognitive decline, family conflict around estate decisions, grief, and the difficult transitions that come with aging and loss of independence. She works closely with attorneys, financial advisors, fiduciaries, and healthcare providers to ensure coordinated care that respects both personal autonomy and legal standards. Through expert testimony, education, training, and compassionate consultation, she helps families communicate more effectively about sensitive topics and navigate uncertainty with greater confidence and less fear. For more guidance on understanding testamentary capacity, recognizing cognitive changes, and protecting estate wishes, explore Dr. Reger's blog for additional insights and resources.