Attorney Jeff Cole recently and successfully tried a will contest case in Sioux Falls, In Re Estate of Miles.
The case was tried to a Minnehaha County jury over three days in early May of 2014. Mr. Cole's clients were the Contestants, and alleged that a will was executed while the testator lacked mental capacity to sign a will.
After three days of testimony, the Jury agreed that the Will at issue was signed while the testator lacked mental capacity.
In South Dakota, a person who makes a will must be able, without prompting, to comprehend the nature and extent of their property, the persons who are the natural objects of their bounty, and the disposition the person desires to make of such property.
A full discussion of the basis for will contests in South Dakota can be found in Mr. Cole's book, "A Step-By-Step Guide to Will Contest Cases."