Legal Advice – 3 Tips for Contesting a Will When a Parent Has Dementia

The number of adult children contesting their parent’s will has significantly increased. Some people are getting married more than once, and the children of the first marriage are being excluded. You have more adults making wills when they do not have all of their capacities. Read on to find out tips for contesting a will when a parent has dementia.

Get a Copy of the Solicitor’s File of Papers

A request of the solicitor’s file of papers is a good starting point. This information pertains to the drafting of the will. An Arlington Heights contested will attorney can help with requesting a copy of the file. The law states that children are entitled to a copy of the solicitor’s file of papers.

Medical Records

Adult children must provide evidence that their parent was in distress. Medical records can show any reference to the parent being confused, a diagnosis of dementia, and whether the parent has taken the mini-mental state examination (MMSE). The score on the MMSE can determine if someone has normal cognition.

Witness Evidence

It helps to get some witnesses that can testify about your parent’s condition on different dates. A person with dementia has a fluctuating capacity. It helps to bring several witnesses to court who have witnessed your parent’s behavior.

Adult children must protect their parents and prevent anyone from taking advantage of them. If you have concerns, then you should talk to an Arlington Heights contested will attorney. Contact Orlowsky & Wilson Ltd. at for an appointment today.

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