Testamentary Capacity Lecture Review

Vocabulary flashcards covering key terms and concepts related to testamentary capacity, its legal attributes, evaluation processes, and relevant case law from the lecture notes.

Testamentary Capacity

The ability of a person to make a valid will.

Mental Illness and Testamentary Capacity

The simple existence of mental illness is not equivalent to testamentary incapacity; a person with mental illness can still make a valid will.

Testator Knowledge of Making a Will

The first legal attribute for testamentary capacity, requiring testators to know at the time of making the will that they are creating a will.

Testator Knowledge of Nature and Extent of Property

The second legal attribute for testamentary capacity, requiring testators to have a realistic grasp of their assets and property holdings.

Testator Knowledge of Natural Objects of Bounty

The third legal attribute for testamentary capacity, requiring testators to know their family members, friends, and others who might benefit from their will.

Prejudice or Hostility (in testamentary capacity)

Bad feelings (hate, anger, bias) by a testator toward another person do not automatically mean they lack the capacity to make a valid will.

Testator Knowledge of Manner in Which Property is Disposed

The fourth legal attribute for testamentary capacity, requiring testators to understand how their property will be distributed by the will.

Retrospective Inquiry

An examination by a clinician of a deceased testator's capacity at the time the will was created.

Functional Assessment (of testamentary capacity)

An evaluation centered on the testator's abilities during the specific time the will was created, rather than general competence.

Banks v. Goodfellow (1870)

A British court case that established key legal requirements for testamentary capacity, illustrating that a person with delusions can still make a valid will if the delusions do not affect the will's contents.

Mental Capacity Act of 2005

A law in England and Wales that provides a framework for decision-making for adults 16 and over who lack mental capacity.

Statutory Wills

Wills made under the support and guidance of the Mental Capacity Act of 2005 for individuals who lack mental capacity.