testamentary capacity


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testamentary capacity

n. having the mental competency to execute a will at the time the will was signed and witnessed. To have testamentary capacity the author of the will must understand the nature of making a will, have a general idea of what he/she possesses, and know who are members of the immediate family or other "natural objects of his/her bounty." Inherent in that capacity is the ability to resist the pressures or domination of any person who may try to use undue influence on the distribution of the testator's (will writer's) estate. (See: will, undue influence)

References in periodicals archive ?
There is an exception to the age requirement (but not to the requirement of testamentary capacity) for a person under 18 who is or was a spouse or is or was an adult interdependent partner of or was a member of Canada's military in active service at the time the Will was made.
It is similar to but more demanding than testamentary capacity. In addition to knowledge of one's assets and the natural objects of one's bounty, it also involves the greater complexity of understanding and calculating the effect of the gift on the donor's current finances.
2 Proving a lack of testamentary capacity - demonstrating that the person making the will did not understand what they were doing at the time they made the will, no matter who actually drew it up.s
In the case of In re Estate of Berg the South Dakota Supreme Court, in 2010, held that an individual possessed testamentary capacity even where he suffered a static lifelong delusion about the identity of his father and was unable to articulate an accurate estimate of his net worth.
The partner and head of litigation at FDR Law, has joined with two other nationally-recognised experts in old age psychiatry and trusts to publish a new academic book 'Testamentary Capacity: Law Practice and Medicine'.
Judge Nicholas Strauss QC ruled that although Mrs Walker's mental powers had declined considerably by the time she signed the will, this had not impaired her 'testamentary capacity.' Mr Weston said: "This was a very sad case, not to mention a very complicated and long-running one.
That Betty lacked testamentary capacity at the time she made the relevant Wills and Codicils;
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).
adults testamentary capacity. Second, it categorically prohibits minors
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.