Full question:
My widowed mother had recently been diagnosed with slow memory loss requiring rx. at the same time my sister (executor of the will) has slowly moved her adult children, her new boyfriend and herself into my mothers house. just recently my mother stated to my brother that the will had to be updated and or changed and my sister had done so with her but she dosent remember what was done. recently my brother and i have good reason to believe my sister is being deceitful in other aspects causing alarmmy question is do i legally have the right to obtain copies of the will?
- Category: Wills and Estates
- Subcategory: Will Contests
- Date:
- State: New Jersey
Answer:
Adults are presumed to have capacity to make a will. Litigation about testamentary capacity usually involves charges that the testator, because of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. The court will require those who challenge a validly executed will to demonstrate that the testator did not know the consequence of his conduct when he executed the will.
When a person's testamentary capacity might be called into question, a lawyer will often arrange for a will execution to be video taped. While taping, they ask the testator about his property and about his family, and review the contents of the testator's will. Testators must have sufficient mental capacity to be able to understand the nature of the testamentary act, understand and recollect the nature and situation of their property, or remember and understand their relations to living descendants, spouse, and parents, and others whose interests are affected by the will. Testamentary capacity involves the question of whether, at the time the will is made, the testator ‘has sufficient mental capacity to understand the nature of the act he is doing, to understand and recollect the nature and situation of his property and to remember, and understand his relations to, the persons who have claims upon his bounty and whose interests are affected by the provisions of the instrument.
To see a copy of the will while your mother is alive, she would have to give you permission. After she passes, typically the will be available once it is probated.
If it is suspected that an executor (a term used after death of the testator under the probated will) has abused his authority, interested heirs including children of the testator, may petition the probate court for a review and accounting.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
