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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.
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Testamentary Capacity Issues
  • 4. Contract capacity compared.
testamentary capacity issues5
Testamentary Capacity Issues
  • 5. Client with Questionable Capacity
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Testamentary Capacity Issues
  • 6. Evidence
    • Warren v. Harnett – p. 83
    • Lay testimony.
    • Expert testimony.
    • Evidence Rule 704.
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Testamentary Capacity Issues
  • 7. Reactions of fact finders
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