Proving “Unsound Mind” in South Dakota Will Contests

A beloved family member executed a will and kept that will private. But now that the family member has passed and the will has been probated, the distribution of property just does not make sense. When a situation such as this arises during probate proceedings in South Dakota, it is important to determine whether or not the testator was lucid and thinking clearly at the time the will was executed. Otherwise, a person with standing may contest the South Dakota will and claim that the testator was of unsound mind when he or she developed the will and made the specific decisions regarding the distribution of the estate.

In probate proceedings, it is assumed that the testator was of sound mind when developing the will, unless proven otherwise. The burden of proof falls on the person making the claim that the testator was not of sound mind at the time the will was executed.

The following must be shown in order to contest a will in South Dakota based on unsound mind:

1. The testator did not understand the nature, extent, and value of the property.
2. The testator did not understand the relationship of the people who are the beneficiaries.
3. The testator did not understand that a will was being created or understand the information that was being discussed.

A testator must be able to come to his or her own decisions when creating a will and determining distribution. Unsound mind means that the testator was not lucid as a result of delusions, incompetence, or senility from mental capacity diminishing with age.

If a testator was of unsound mind when executing a will, then he or she may have been susceptible to undue influence and fraud. If you feel that a beloved family member was not of sound mind when executing a will in South Dakota, contact a Sioux Falls will contest lawyer for answers to your questions. Call an experienced Sioux Falls will contest attorney with Zimmer, Duncan & Cole toll free at (888) 733-2992, and order a copy of our free book, A Step-by-Step Guide to Will Contest Cases. The attorneys at Zimmer, Duncan & Cole have been representing clients in will contest cases throughout South Dakota since 1948.