Estate Planning is essential for many reasons, which are set forth in prior articles. Links to these articles are set forth at the end of this article. This series focuses on how an Estate Plan could be challenged. This series shows the importance of doing Estate Planning in the right way. The first article in this series focused on formalities. The second article in the series examined undue influence. The third article in the series looked at fraud. This article will focus on testamentary capacity.
Let’s say your father signed a Will. He avoided all the pitfalls of the prior article. Your father went to an experienced estate planning attorney who made sure the execution of the Will met with your state’s requirements. There was no undue influence which was discussed in the second article in the series. The signature was not fraudulent, as discussed in the third article in the series. However, your father still had to have “testamentary capacity” when he signed the Will.