Trust & Probate Litigation Attorney

Testamentary Capacity

The mental capacity required of a testator to create a valid will, or of a settlor to create a valid trust. This competency is often described as the ability to recognize: 1) The natural objects of one’s bounty; 2) The nature and extent of one’s estate; and 3) The fact that one is making a plan to dispose of the estate after death.

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