Certified Trust and Fiduciary Advisor (CTFA) Practice Exam 2026 – All-in-One Guide to Exam Success!

One of the most recognized grounds for contesting a will is the assertion that the testator lacked testamentary capacity at the time the will was executed. Testamentary capacity requires that the individual understands the nature of making a will, knows their property and beneficiaries, and can comprehend the implications of the act of creating the will. When a person contests a will based on the argument that the testator did not possess this capacity, they are asserting that the individual did not have the mental acuity necessary to make a valid legal document.

When a will is challenged on these grounds, the burden of proof often lies with the contestant to establish that the testator was not of sound mind at the time of execution. This kind of challenge typically involves presenting medical records, testimony from friends and family regarding the testator's mental state, and perhaps expert testimony from mental health professionals.

In contrast, issues surrounding the formalities of will execution, like notarization or the number of witnesses, relate to procedural aspects rather than the substantive capacity of the testator. Additionally, while a codicil could indeed change aspects of the will, it does not directly pertain to the foundational validity of the original will itself, unless it raises questions regarding the testator's intent or state