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[Will Contest Litigation] Defending Against Claims of “Incapacity due to Dementia” and Successfully Upholding the Will’s Validity

Defending a Will Against Dementia Allegations

Case Overview: Client B had cared for his elderly father alone for many years. In gratitude, the father executed a Will leaving the majority of his assets to Client B. However, after the father’s passing, estranged siblings filed a lawsuit to invalidate the Will, claiming the father lacked mental capacity due to dementia at the time of signing.

Legal Issues & Strategy: The core of a Will Contest often revolves around proving “Testamentary Capacity” and the absence of “Undue Influence.” Song Law Firm’s estate litigation team meticulously analyzed the father’s medical records from the time the Will was drafted. We secured depositions from his primary care physician and the witnesses to the Will. We also presented video evidence and written correspondence demonstrating that the father clearly understood his assets and his intent to inherit them to Client B.

Result: The court dismissed the siblings’ claims and ruled the Will valid. Thanks to Song Law Firm’s thorough evidence collection, Client B was able to protect his rightful inheritance and legally conclude the family conflict.


[Contact Us for Estate Litigation] Facing an unfair will dispute? We protect your rights.

  • KakaoTalk Channel: Song Law Firm

  • Phone: 201-461-0031

  • Email: mail@songlawfirm.com

  • Website: www.songlawfirm.com

Disclaimer: This success story is based on past cases and has been reconstructed for privacy. Actual results may vary depending on the specific facts and legal application of each case. This content is not legal advice; please consult with an attorney for specific legal counsel.

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