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2. Testamentary Capacity. “Sound Mind” -- § 57. Elements of Testamentary Capacity. 1. Understand what doing. Elements of Testamentary Capacity. 2. Comprehend effect of what doing. Elements of Testamentary Capacity. 3. Know general nature and extent of property.

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Elements of testamentary capacity
Elements of Testamentary Capacity

  • 1. Understand what doing


Elements of testamentary capacity1
Elements of Testamentary Capacity

  • 2. Comprehend effect of what doing.


Elements of testamentary capacity2
Elements of Testamentary Capacity

  • 3. Know general nature and extent of property.


Elements of testamentary capacity3
Elements of Testamentary Capacity

  • 4. Know natural objects of bounty.


Elements of testamentary capacity4
Elements of Testamentary Capacity

  • 5. Achieve above four elements simultaneously.


Testamentary capacity issues
Testamentary Capacity Issues

  • 1. When = at time of will execution


Testamentary capacity issues1
Testamentary Capacity Issues

  • 2. Effect of incapacity adjudication = rebuttable presumption of lack of capacity


Testamentary capacity issues2
Testamentary Capacity Issues

  • 2. Sane person may lack capacity.


Testamentary capacity issues3
Testamentary Capacity Issues

  • 3. Impact of aging process.


Testamentary capacity issues4
Testamentary Capacity Issues

  • 4. Contract capacity compared.


Testamentary capacity issues5
Testamentary Capacity Issues

  • 5. Client with Questionable Capacity


Testamentary capacity issues6
Testamentary Capacity Issues

  • 6. Evidence

    • Warren v. Harnett – p. 83

    • Lay testimony.

    • Expert testimony.

    • Evidence Rule 704.


Testamentary capacity issues7
Testamentary Capacity Issues

  • 7. Reactions of fact finders


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