HOW TO DETERMINE IF A CLIENT HAS TESTAMENTARY CAPACITY
"Under the law of most states, the creation of a valid will requires that the testator possess an intelligent understanding of (1) the act of making a will, (2) the nature and extent of his property, (3) the disposition he wishes to make of his estate, and (4) the natural objects of his bounty. If any of these elements is missing at the time the will is executed, the testator lacks testamentary capacity and the will is invalid."
"Deals with the contest of wills, grounds for contest, and the procedural and practical considerations related to this area. Contests of the testamentary aspects of trusts are covered in §§ 3.75"
"This chapter contains a practical, step-by-step discussion of the procedure for opening the estate of a decedent. The procedures for opening both testate and intestate estates are discussed. Some procedures for resolving specific problems that occasionally arise in opening an estate are also discussed."
"To be able to successfully advise a client regarding a Will, power of attorney, living Will, and health care surrogate designation, the attorney must first have a basic understanding of estate planning concepts. The attorney must then examinethe client's familial situation, what the client's overall estate consists of, and the value of the client's assets. Finally, the attorney must understand the client's goals with regard to these assets. Analysis of these factors enables the attorney to determine whether a simple Will is appropriate for the client or whether, instead, the client needs estate planning documents in addition to a Will. This FASTRAIN(tm) enables the attorney to perform such an analysis, then to prepare a Will, power of attorney, living Will, and health care surrogate designation. It does not guide the attorney in preparing an estate plan for the client, but does explain general concepts so that the attorney can understand when an estate plan may be appropriate."
