Legal Question in Wills and Trusts in Louisiana

If my uncle signed his Will in Louisiana in the presence of two witnesses and a notary public and it says he was of sound mind and body, but I wish to dispute that, how successful could I expect to be since his affirmation that he was mentally well was in the Will? I'd appreciate a knowledgeable answer.


Asked on 6/15/11, 10:27 am

1 Answer from Attorneys
James Maguire James G. Maguire, Attorney At Law

Very difficult to do. There is a strong legal presumption that a testator was mentally competent when a will is signed. Even a person with dementia is presumed to be in a lucid interval when a will is signed.

You would need expert medical testimony to try to overcome these presumptions. Very expensive and very seldom successful.

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Answered on 6/15/11, 10:31 am


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