pjc-family-2024-lib

PJC 230.2

W ILL C ONTESTS

PJC 230.2

Testamentary Capacity to Execute Will

PJC 230.2A Testamentary Capacity to Execute Will— Question before Will Admitted to Probate

QUESTION ______ Did DECEDENT have testamentary capacity to sign the document dated DATE ? A decedent has testamentary capacity if, at the time the decedent signs a will, the decedent— 1. has sufficient mental ability to understand that he is making a will, and 2. has sufficient mental ability to understand the effect of his act in making the will, and 3. has sufficient mental ability to understand the general nature and extent of his property, and 4. has sufficient mental ability to know his next of kin and natural objects of his bounty and their claims on him, and 5. has sufficient memory to collect in his mind the elements of the business to be transacted and to be able to hold the elements long enough to perceive their obvious relation to each other and to form a reasonable judg ment as to these elements. Answer “Yes” or “No.” Answer: _______________

PJC 230.2B Testamentary Capacity to Execute Will— Question after Will Admitted to Probate

QUESTION ______ Did DECEDENT lack testamentary capacity to sign the document dated DATE ? A decedent lacks testamentary capacity if, at the time the decedent signs a will, the decedent—

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