In Dalton, the record on appeal showed that the decedent was a "strong willed woman" who possessed testamentary capacity
In Louisiana, a person has testamentary capacity
at age sixteen.
The court ruled that although the test for testamentary capacity
is quite stringent, the test for capacity to marry is not.
Intestacy is mandatory for a person under the age of 18 who is not an emancipated minor as well as for a person who does not have a valid will and lacks the testamentary capacity
to make one, i.
is defined as "soundness of mind, memory and understanding".
Trust Company) have offered many affidavits demonstrating that Doris Duke had testamentary capacity
when she duly executed her will on April 5, 1993," according to the affidavit by Assistant Attorney General Susan A.
(the capacity to make a will) is the standard of capacity that is litigated most frequently.
The second category, in which an award of attorneys' fees was granted, generally concern questions of the testamentary capacity
of the decedent or other issues unrelated to the conduct of the proponent of the will.
Porphyria is not relevant to testamentary capacity
The court found that the deceased's insight into the value of his estate was not a prerequisite for finding testamentary capacity
in the circumstances of this case.