2. Testamentary Capacity
“Sound Mind” -- § 57
Elements of Testamentary Capacity1. Understand what doing
Elements of Testamentary Capacity2. Comprehend effect of what
doing.
Elements of Testamentary Capacity3. Know general nature and
extent of property.
Elements of Testamentary Capacity4. Know natural objects of
bounty.
Elements of Testamentary Capacity5. Achieve above four elements
simultaneously.
Testamentary Capacity Issues1. When = at time of will
execution
Testamentary Capacity Issues2. Effect of incapacity
adjudication = rebuttable presumption of lack of capacity
Testamentary Capacity Issues2. Sane person may lack
capacity.
Testamentary Capacity Issues3. Impact of aging process.
Testamentary Capacity Issues4. Contract capacity compared.
Testamentary Capacity Issues5. Client with Questionable
Capacity
Testamentary Capacity Issues 6. Evidence
Warren v. Harnett – p. 83
Lay testimony.
Expert testimony.
Evidence Rule 704.
Testamentary Capacity Issues7. Reactions of fact finders