Lack of Testamentary Capacity in Iowa Will Contests

Article written by Illinois & Iowa Attorney Kevin O’Flaherty

In this article, we discuss lack of testamentary capacity in Iowa will contests. Our Iowa probate attorneys answer:

• What does it mean to contest a will in Iowa?
• What is testamentary capacity?
• How to prove lack of testamentary capacity in Iowa
• When is testamentary capacity measured?

What Does It Mean to Contest a Will in Iowa?

A will determines how an individual’s estate and assets will be divided amongst family members and other heirs upon their passing. But in some cases, a will can be challenged or contested in Iowa if there are reasons to doubt its authenticity. A will cannot be contested simply because an heir or potential heir does not agree with its terms. A will in Iowa can only be contested for the following reasons:

• Will was not signed in accordance with state laws
• Testator was unduly influenced
• Will was procured by fraud
• Testator lacked testamentary capacity

What is Testamentary Capacity?