SA

Testamentary Capacity Lecture Review

  • Introduction to Testamentary Capacity

    • Definition: Testamentary capacity is the ability of a person to create a valid will.

    • Key Distinction: The mere presence of mental illness, narcotic addiction, or alcohol addiction does not automatically equate to testamentary incapacity. A person with mental illness or an addiction can still make a valid will.

    • Focus: The primary focus is on the person's functional abilities at the time the will is being made, specifically concerning four legal attributes.

  • Four Legal Attributes of Testamentary Competence

    • The requirements for testators to be competent are based on these four attributes, which assess their functional abilities.

    • 1. Testator Knowledge of Making a Will

      • The testator must know, at the time of execution, that they are creating a will.

      • Examiner's Role

        • Ask about the testator's understanding of a will and its purpose to uncover potential delusional motivations.

        • Inquire about the existence of previous wills to determine their validity if the current will is challenged and to identify changes made.

        • Ask why the will is being created now to confirm the testator's awareness of the act and assess if it's of their own free will or due to external pressure.

      • For a Deceased Testator: The existence and content of the will (specifically, its distribution of property) can retrospectively indicate an understanding of its purpose.

    • 2. Testator Knowledge of the Nature and Extent of Their Property

      • The testator must have a realistic understanding of all their assets.

      • Examiner's Role (for a living testator)

        • Ask open-ended questions about their property holdings, occupation, salary, living arrangements, personal possessions, bank accounts, investments, and other sources of income (e.g., pension, rental income).

        • The goal is to determine if the testator's grasp of their assets is realistic or based on false beliefs.

    • 3. Testator Knowledge of the Natural Objects of Their Bounty

      • The testator must know who their potential heirs and beneficiaries are, including family, friends, and others who might play a role in their life.

      • Examiner's Role

        • Focus on the testator's personal values and wishes rather than external notions of what a "reasonable person" would do.

        • Ask a living testator to identify family members, friends, and significant individuals.

        • Explore the testator's feelings and relationships with these individuals to uncover potential conflicts with beneficiaries or issues of isolation/control by a particular party.

      • Important Note: Prejudice or hostility shown by the testator towards another person does not automatically indicate a lack of testamentary capacity. The presence of negative feelings (hate, anger, bias) does not equate to mental inability to make a valid will.

      • Will Disputes: Often arise when individuals are excluded or believe they are the natural heirs, leading to challenges.

      • Examiner's Caution: Must carefully corroborate information, as reports from various sources may be biased or unreliable.

    • 4. Testator Knowledge of the Manner in Which Their Property Is Disposed

      • The testator must understand the general consequences of how their property will be distributed according to the will.

      • Examiner's Role (for a living testator)

        • Inquire about the direct impact and meaning of the distribution of assets (money, house, belongings) for the named beneficiaries.

        • Recognize that a testator may value one beneficiary more than another (e.g., a friend over a daughter for a significant fortune) and explore the reasons and circumstances behind such choices.

      • For a Deceased Testator: Assessing this understanding is more challenging. The examiner's role shifts to investigating the reasoning behind the testator's choices without judging their wisdom.

  • Clinical Evaluation of Testamentary Capacity

    • Purpose: Courts and attorneys may request mental health clinicians to evaluate a testator's competence at the time their will was created.

    • Process for Living Testator: The clinician interviews the testator and any witnesses present during the will's creation.

    • Process for Deceased Testator: The clinician conducts a retrospective inquiry, examining records and engaging in interviews to assess capacity at the time the will was made.

    • Specific Focus: The evaluation does not concentrate on general competence but specifically on the legal capacity to create a valid will.

    • Consequence of Incapacity: If the testator lacked capacity when the will was made, the will is not admitted to probate and has no legal effect.

    • Challenges in Evaluation: A major difference from other capacity assessments is the frequent unavailability of the testator (due to death), who is usually the best evidence of their own capacity.

    • Exceptions for Living Testators

      • Some states have anti-mortem probate statutes allowing a will to be probated before the testator's death.

      • Attorneys may advise clients in certain jurisdictions to seek a capacity evaluation when the will is finalized to reduce the risk of future challenges.

    • Recommendations for Clinicians

      • Video Recording: Recommended for evaluations of living testators to document their mental state and functioning.

      • Information Sources (for deceased testators): Obtain information from friends, acquaintances, family, medical records, and any source that can shed light on the testator's mental state at the time the will was made.

      • Functional Assessment: Emphasize that testamentary capacity is best understood as a functional assessment centered on the testator's abilities when the will was created.

      • Structure: Both the evaluation and the report should be structured according to the specific legal criteria of the capacity test.

  • Case Study: Banks v. Goodfellow (1870)

    • Historical Significance: This British case established an important test for testamentary capacity in the 19^{th} century and laid down the four legal requirements.

    • The Testator: John Banks suffered from delusions, including believing he was molested by a deceased man and pursued by evil spirits. His doctors considered him insane and confined him as a lunatic.

    • Life Despite Delusions: Despite his mental illness, he lived independently, managed his affairs, and maintained social relationships.

    • The Will: Mr. Banks had a close relationship with his niece, Margaret Goodfellow, to whom he bequeathed his entire estate. He was unmarried and had no other close relatives.

    • Court's Ruling: The court validated John Banks' will, reasoning that even with delusions, he was mentally capable of understanding what a will is, the extent of his property, and who would inherit his property.

    • Key Principle: His decisions were rational and not influenced by his delusions. The case illustrates that a person with mental illness can make a valid will as long as the illness does not affect the specific aspects of the will itself.

  • Related Concepts & Resources

    • YouTube Video: An 8-minute video was referenced, defining testamentary capacity, discussing Banks v. Goodfellow, and introducing the Mental Capacity Act of 2005.

    • Mental Capacity Act of 2005 (England and Wales): A law providing a framework for decision-making for adults aged 16 and over who lack capacity due to illness, disability, or other reasons.

    • Statutory Wills: If a testator lacks mental capacity, a statutory will can be made under the guidance and support of the Mental Capacity Act of 2005.

  • Discussion Question

    • To what extent should mental health evidence be considered in determining whether the testator had the mental capacity to make a valid will?