Estate Law Questions? Ask an Estate Lawyer.
Good Evening. My name is ***** ***** I am licensed attorney. If an individual has been declared incompetent through the courts, then a guardian would have been appointed on their behalf. The incompetent individual would not be able to challenge the validity of a Will them self. Only the court appointed representative may contest the Will on their behalf. Being declared incompetent does not remove the right to contest a Will; however the appropriate individual must bring the claim.
If the individual has not been declared incompetent by the courts, then legally they are considered to still be competent. An alternative to this rule is if two (2) independent physicians declare the individual incompetent.
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