A Will must comply with very specific legal requirements. The Testator (person creating the Will) must have sufficient mental capacity to make and execute the Will.
If the Testator does not understand any one of the elements below at the time the Will is signed, then the Testator can be found to lack sufficient mental capacity to create the Will.
- that he or she is making a Will,
- must know what property he or she has,
- must understand how the property will be effected by the Will,
- must understand who would naturally be expected to receive the property at death, and
- must know to whom he or she intends to give the property.
It’s important to note a lack of sufficient mental capacity cannot be presumed only because the Testator is old, feeble, eccentric, intellectually or physically weak or because the Testator makes decisions concerning the property that others might think is unwise, unreasonable or unjust.
If you have questions about the validity of a Will for you or your loved one, call me today at 336-275-1607.