2. Testamentary Capacity

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