Testamentary Capacity Case Study

Testamentary capacity is a vital element in writing of wills. Testamentary capacity means that the mental ability of an executor or a testator of a will to know what property he or she owns, his bounty natural objects and the general scheme of disposing the property he owns (Hecker, J. 2010). To start with, it will be pivotal to deduce facts related to the executor of the will. The first thing to know will be to know if the testator had was at least 18 years of age. I will also seek to know whether the deceased relative had a testamentary capacity. A testamentary capacity is a crucial element of a valid will. According to my clients claim, it is evident that the executor of the will was of an older age. This implies that the claims of undue influence and lack of testamentary capacity could have led to such incident in will execution (Spaulding, W. 1982). …show more content…
If the executor of the will had a varying mental capacity over time, with lucid intervals, then the will executor will have had a testamentary capacity at the time of executing the will during her lucid time. It will be futile for us to proceed on this case. However, if the testator did not have varying mental capacity, then it is most likely that she was influenced, and she did not know what she was doing. as such, disposition of the property was not coherent (Spaulding, W. 1982). In summary, if the client has a prove that the decedent had no testamentary capacity, since it is evidenced by the fact that she did not dispose the property in line with what she would likely have done in a state of sound mind.. There seems to have been an overreaching by the heir since the decedent despised the heir before her death. They had no confidential relationship. The client can go ahead and sue for revoking of the will (Kennedy, K.