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Point two: Lack of testamentary capacity was their only hope.
The main issue was whether the deceased had the required testamentary capacity when he wrote his will.
To the first team he assigned the weighty issue of testamentary capacity.
In the 21st century, eighteen is the typical age of testamentary capacity.
In South Africa, however, one acquires testamentary capacity at the age of 16 years.
The requirements for testamentary capacity are minimal.
An insane delusion is distinct from testamentary capacity.
No testamentary capacity at all.
If my recall is clear and detailed, then perhaps my old boss lacked testamentary capacity when he wrote the will."
Lawyers for people whose testamentary capacity might be called into question often arrange for a will execution to be video taped.
The testamentary capacity matter is most frequently raised posthumously, when an aggrieved heir contests the will entered into probate.
The age at which testamentary capacity began was fourteen in the case of males, twelve in the case of females.
"In my opinion, Mr. Phelan has sufficient testamentary capacity at this time to dispose of his assets."
One brief look at the behavior of Mr. Phelan and he ventured the preliminary opinion that he clearly lacked testamentary capacity.
"The purpose of this meeting is to have Mr. Phelan examined by a panel of psychiatrists to determine his testamentary capacity.
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will.
The caretaker asserted that the decedent was suffering from an insane delusion at the time the will was executed and that she thus lacked testamentary capacity.
His cautious comments to Hark Gettys about the old man's testamentary capacity had sent shockwaves through the families, and they were reacting with predictable hysteria.
When the will was offered for probate in Massachusetts, there was objection by the heirs upon the grounds, among others, of lack of testamentary capacity and undue influence.
Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud.
The deputy judge found for the plaintiffs and held that the 1986 document had not been validly executed and that the deceased had lacked testamentary capacity when it was made.
In these circumstances, the evidence of the first defendant, Mr. Morgan and Miss Calagarri of testamentary capacity required to be looked at with special care and caution.
Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will.
Lack of disposing mind and memory or Testamentary capacity claims are based on the testator's lack of mental capacity and are the most common types of testamentary challenges.
The deputy judge commented that Dr. Rao 'clearly was very doubtful to say the least that Mr. Winterbone had the necessary testamentary capacity on 18 April.'