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Testamentary capacity precedes an analysis of either undue influence or insane delusions; it considers whether the individual had the capacity to understand the nature and extent of his property, to know the natural objects of his bounty, and to form an intent regarding the disposition of his property at death.
That the testator lacked testamentary capacity at the time of signing the 2000 Codicil and the 2001 Will;
individuals testamentary capacity, today only minors are categorically
Some commentators have criticized the comparison of contractual capacity with that of testamentary capacity because the two are "so different in their nature that it is impossible to use one as a test for measuring the other." (253) Be that as it may, numerous court decisions in multiple jurisdictions state "that testamentary capacity requires a lower degree of mental capacity than contractual or business capacity." (254) As difficult as it may be to compare the capacity standards for wills and contracts, the test for capacity in the making of wills is an issue to be decided by a jury.
(28) If it is necessary that a question of testamentary capacity be answered, that an inventory of the estate be taken, or that legal ambiguities in the status of property be resolved, the period within which the will should be prepared should be longer.
Schoenblum also found " predominant weapon for attempting to undo a will is an allegation of undue influence or lack of testamentary capacity." Id.
The question of whether a testator has testamentary capacity is a legal one.
Manlove concluded that "he could not have defended the will signing under the South Dakota three-part test for testamentary capacity" and that Fred's schizophrenia rendered him "more susceptible to undue influence...." (285)
The last three chapters shift to address forensics, discussing the difference between treatment-oriented and forensic examinations, impairments and disabilities, legal determination of causation and damages, consent and testamentary capacity, and total analysis of records.
The Court is empowered, by statute, to "make" a "will" for an individual lacking testamentary capacity. (2) The notional "will-maker" is, by definition, a person in need of protection.