Probate: Effect of Adjudication of Incapacity

In probate litigation in Missouri, the effect of an adjudication of incapacity or disability does not necessarily mean a person lacks capacity for all purposes after the date of adjudication.

Specifically, a person who has been adjudicated partially incapacitated or disabled shall be presumed to be competent. See Section 475.078, RSMo. In the event of a partial disability, the Court may determine that a person is incompetent for some purposes and competent for other purposes. On the other hand, a person who has been adjudicated totally incapacitated or disabled is presumed to be incompetent for all purposes.

The effect of a partial or total incapacity frequently comes up in probate litigation, particularly in trust contests or will contests when the settlor/testator/testatrix has signed the document in question close in time to the date of adjudication.

Related Articles

Determining a Grantor’s Intent in Trusts

November 4, 2023

When interpreting a trust, the Settlor’s “intent is controlling and such intention must be ascertained primarily from the trust instrument as a whole.” Berezo v. Berezo, 628 S.W.3d 737, 743-44 (Mo. App. E.D. 2021). Because language and circumstances vary, the Court must examine “the specific language as well as the surrounding circumstances.” Matter of TR…

Read More

Successor in Interest, Powers of Attorney

September 21, 2023

The term “successor in interest,” as of this writing, has not been defined in the context of power of attorney litigation. When someone mismanages his/her authority under a power of attorney, the principal, or his/her successors in interest, can file suit. The relevant statute defines “successor in interest”: “For purposes of this section, the principal’s…

Read More

Non-Monetary Claims Against the Estate

August 10, 2023

When an individual dies, there is generally no more than one year from the date of death to make a “claim” against his/her estate. The burden to commence a claim is the responsibility of the claimant. Mo. Highway & Transp. Com’n v. Myers, 785 S.W.2d 70, 73 (Mo. 1990). The general purpose of this deadline is…

Read More

Will Contests, Self-Proving Wills

March 30, 2023

Will contests are unique for several reasons. Perhaps most significantly, the burden is on the proponent of the document to prove the will was executed and that the testator possessed the requisite capacity. Many times the “proponent” of the will is the defendant in the lawsuit. So, the will contest instructions contemplate the defendant presenting…

Read More
Scroll to Top