Cognitive Disorders May Prove A Lack Of Capacity

Plaintiffs commonly argue lack ofcapacity when contesting the validity of a trust or will. Recently, a federalcourt in Maryland looked at whether major depression and alcoholism implyincompetence when an individual suffering from these disorders changes abeneficiary on a life insurance plan. William Ratz died from intoxication. Ayear and half prior to his death, he named his two daughters as hisbeneficiaries to his life insurance policy. However, a year later Ratz changed thebeneficiary to his second wife who he had already divorced. The two daughters challanged his capacity. 

In Dorsey v. Ratz, the court held that the twodaughters of William Ratz did not present admissible evidence, nor did they present contradicting evidence that proved theirfather was incompetent.The burden to prove incompetence ison the individual who brings that claim. 

See Luke Lantta, Alcoholism And Incapacity, Bryan Cave Fiduciary Litigation, May 24, 2013.