Those witnesses will likely almost always testify that the testator had adequate capacity, either because they were official 'legal' witnesses to the will-and therefore had to ensure that he or she had capacity-or because they would not have permitted the will signing to go forward absent their belief that the testator had testamentary capacity
," he explains.
3d DCA 1962), the Third District found the decedent had testamentary capacity
at the time of making the will, but reconsidered the decedent's mental condition in its analysis of undue influence.
A person of full age--eighteen years (43)--and sound mind has testamentary capacity
He had been entitled to conclude that the evidence in favour of Mrs Parker having the required testamentary capacity
to change her will was 'so overwhelming' that it would be 'wasteful' to allow Mark Parker to proceed with his challenge any further.
Schoenblum also found " predominant weapon for attempting to undo a will is an allegation of undue influence or lack of testamentary capacity
The children are contesting the Will, stating that the decedent lacked testamentary capacity
to create the Will, and that the defendants unduly influenced the decedent in the creation of the Will.
However, John Randall QC, for Ms Dooney, said: "Where, as here, prior instructions for a will are proved to have been given by an intending testator with full testamentary capacity
, there is no absolute rule of law which requires that such capacity must also be separately proved at the time of the execution [of the will].
The material is contained in 3 volumes, with sections on testamentary capacity
and power, execution and revocation of wills, probate of wills, the appointment and qualification of executors and administrators, assets and inventory, and will forms, among other topics.
Banton did not have testamentary capacity
when he signed his wills in this woman's favour and that it was her undue influence that procured the wills.
ISSUE: Time and again, nurses are called upon to testify as to the testamentary capacity