People frequently assume that a person for whom a guardian/conservator is appointed automatically loses the right to engage in estate planning – in other words, a finding of a need for a ...

The creator and signer of a Will is known as a testator. Testamentary capacity, therefore, is the ability of the testator to knowingly sign his or her Will. There are numerous ailments that may result ...

Whether a decedent had sufficient testamentary capacity to make a will arises frequently in trusts and estates practice. Was the decedent of "sound mind" with the necessary mental ability to ...

When an interested party contests the capacity of the testator, what standard do courts use to determine the validity of a will? The recent case of Neal v. Neal provides insight. In that case, ...

DEAR JEFF: I took my father to an attorney’s office to have a new will drawn up. They refused to let him sign because they said he didn’t have “testamentary capacity.” What does this mean? Don’t they ...

After Executrix Katherine Lane offered Jewel Jones Greer’s 1997 last will and testament for probate, Floyd Wilson filed a caveat, challenging Greer’s testamentary capacity. A Jasper County Superior ...

Unfortunately I have become acutely aware of standard poor practice by general legal practitioners when taking instructions to make a will. Consequently, I have been increasingly providing advice and ...

Dear Mr. Premack: My wife has early stage Alzheimer's. She is wearing a patch so is still functional. We have rent houses and oil interests. Although we made Wills years ago when our children were ...