Possibly. Iowa courts will not recognize a will in favor of a previous will if the testator i.e. the person who wrote the will does not have a general mental capacity. In order to be recognized as having a general mental capacity to make a will the testator must know and understand several things.
- They must understand the “objects of their bounty” i.e. how many potential heirs they have.
- They must also know the nature and extent of their property i.e. what you have to give.
- They must understand the planed distribution i.e. know what is going where with regard to their assets.
- They must understand the nature of the instrument he or she is executing
- They must understand how disposition will effect people i.e. understand the significance of disinheriting someone.
Of these the most important are the first two but all of them must be present at the time the will is executed. In re Estate of Adams, 234 N.W.2d 1125 (Iowa 1975). Also insanity and fraud are examples of mental states of a testator that can get the will thrown out by a court.
