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Testamentary capacity important to estate planning

In some cases, family members may need to bring up the subject of creating an estate plan with a loved one before the person truly considers it. It may be a difficult subject to broach as many individuals do not like thinking about the end of their lives. Still, estate planning offers many benefits, and without a plan, family members may be left floundering when it comes to making the right decisions for the remaining estate.

If an Oklahoma loved one has waited to create a plan, it is important that the family ensure that he or she still has the testamentary capacity to create a will. This capacity typically refers to the individual's mental state and ability to make sound decisions regarding how property should be divided along with other matters. If the loved one does not meet the threshold for this capacity, the will may not be considered valid.

On that same note, if another party believes that the document was created when the person's lacked testamentary capacity, a challenge to the document could take place. However, the individual contesting the will must prove that the person did not have the necessary mental capacity. It is often a difficult task to meet the burden of proof needed for such a challenge.

In many ways, estate planning sooner rather than later can work in Oklahoma residents' best interests. Of course, some people may continue to put off planning until nudged in that direction by loved ones. In a best case scenario, individuals will have the mental capacity to create comprehensive plans that truly express their end-of-life wishes.

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