Testamentary Capacity
Lack of Testamentary Capacity Will Contests in Texas
A dementia diagnosis does not automatically void a will — and a calm signing does not automatically prove the person understood what they were doing. These cases turn on what the testator's mind could hold together at the exact moment of signing.
The 'sound mind' standard
Dementia & medication cases
Medical-record driven
Collin & DFW probate courts
Why People Call
Medical Records Don't Wait
Capacity contests are won and lost on contemporaneous medical evidence — physician notes, hospital charts, medication lists, and cognitive assessments from around the signing date. Records get archived, providers retire, and memories of how the person seemed that week fade. A will may generally be contested within two years after it is admitted to probate (Tex. Est. Code § 256.204), but the proof you need is most reliable when it's gathered early.
What 'sound mind' means in Texas
At the time of signing, the testator must understand the business of making a will, know the nature and extent of their property, recognize the people who are the natural objects of their bounty, and be able to hold all of these in mind together. If illness, medication, or confusion broke that ability at the moment of signing, the will can fail.
A diagnosis is not the same as legal incapacity
People with early dementia can have lucid intervals, and the law judges capacity at the precise time the will was executed. That cuts both ways: a diagnosis alone won't win, and a seemingly ordinary signing won't save a will if the testator could not actually hold the required facts in mind. We focus on the day, not just the chart.
Building the evidence
We assemble medical and pharmacy records, cognitive evaluations, the drafting attorney's notes and impressions, and testimony from people who saw the testator near the signing. The question is always the same: at that moment, could this person understand the will, their property, and their family together?
Why this firm
Our probate litigation is led by Therese Gutierrez — a probate and estate attorney who works with families in English, Filipino, and Tagalog — alongside Stephan D. Hwang, a litigator since 2007 with appellate experience before the Fifth District Court of Appeals in Dallas. We're not board certified; we're a trial-ready team that knows the Collin County and North Texas probate courts.
Good Fit
Cases we are built to handle
The will was signed during advanced dementia, delirium, or a hospitalization
The testator was on medication or treatment that clouds judgment near the signing
Medical records or cognitive testing suggest confusion around the execution date
The new will departs sharply from a long-settled, lucid estate plan
You are an heir or prior beneficiary with a real stake in the outcome
May Not Need Us
When a full probate lawyer may not be necessary
The testator had a diagnosis but was clearly lucid and oriented at the signing
You have no medical evidence and only an after-the-fact impression that they 'seemed off'
The estate is too modest to justify the cost of medical experts and litigation
How We Work
Clear next steps before you hire us
We start with a 15-minute attorney consultation to identify whether the estate has a court problem worth solving. If it does, we explain whether the matter fits a flat fee, hourly work, or contingency structure where appropriate.
Capacity and deadline screen
We review what's known about the testator's condition and the signing date, and we confirm the contest deadline so the window stays open.
Records and expert review
We collect medical, pharmacy, and drafting-attorney records and, where warranted, work with medical experts to assess capacity at the moment of execution.
Negotiate or litigate
Strong contemporaneous evidence often drives a resolution. If it doesn't, we are prepared to present the capacity case in the proper probate court.
Common Questions
Probate Questions Before You Call
Can a will be valid if the person had dementia?
What evidence proves a lack of testamentary capacity?
How long do I have to challenge the will?
Related Probate Help
Discuss a Capacity Challenge With Our Team
If a will was signed while your loved one was impaired, we'll review the records and timeline with you and tell you honestly whether there's a case. Serving McKinney, Southlake, and the DFW metroplex.