See PAGE, supra note 49, at 118 (noting the test for testamentary capacity
"is clear and simple" but "[i]ts application to the various forms of departure from the normal type is very difficult").
In the first case, (19) the trial court found that the decedent lacked testamentary capacity
to execute the will and refused to admit it to probate.
a) a will to be made or altered, in specific terms approved by the Court, on behalf of a person who lacks testamentary capacity
is generally presumed upon proof that the will was duly executed with the requisite formalities after having been read over to or by a testator who appeared to understand it.
Assuming testamentary capacity
, then, the essential formalities for a valid Will are:
It is similar to but more demanding than testamentary capacity
2) Following a three-day trial, at which a recognized psychiatrist offered his forensic opinion that Fred was thought disordered and psychotic on the date the will was made, the Honorable Jerome Eckrich held that Fred possessed testamentary capacity
and that his will was not the product of undue influence.
Vickery J was satisfied on the evidence as a whole that Betty had testamentary capacity
at the time she gave instructions for and executed the 1999 Will and the March 2000 Codicil.
The judicial analysis centred on testamentary capacity
, and the court held that the son's disinheritance, while evidence of the testatrix's "eccentricity of character," did not amount to an insane delusion that rendered her incapable of making a valid will [ibid at 180).
of all states simply deny children testamentary capacity
Attorney Schneider benefited from a variety of educational training sessions, such as: What's New in Veterans Aid & Attendance, Life Cycle of a Client, Legacy Wealth Planning, SEO and Technology Updates, Testamentary Capacity
and Undue Influence, Ethics, plus case study reviews on hot topics such as the DOMA ruling and concerns with Pet Trusts.
Subsequent chapters address 16 areas, from intestacy and testamentary capacity
, to estate and gift taxes and the rule against perpetuities.