Posts Tagged: testamentary capacity

Sanity, Wills, and Marriage

Posted by - & filed under Family Law, Will & Estates.

A will-maker is presumed to be sane, and to have sufficient mental capacity to make a will, unless the contrary is proved. A lack of mental capacity may derive from a congenital intellectual difficulty, trauma affecting the brain, or cognitive processes and disease, including those more commonly occurring with old age. The Dickensian language of…