Testamentary capacity is the legal term that refers to someone’s mental ability to make a will. Testamentary capacity can be diminished or lost if a person has certain delusions, but a delusion in and of itself might not establish a lack of testamentary capacity. This case answers the question: When does a court find that a testator’s false beliefs or insane delusions amount to a lack of testamentary capacity?
Legal Terminology
Testamentary Capacity
The legal and mental ability of a person to make a valid will.
Insane Delusion
The belief in circumstances and facts that are untrue and unbelievable to a rational person. A misconception of fact, or an abnormal mental attitude, due to some organic defect in the brain or some functional disorder of the mind.
Example Case
Lindley v. Lindley, 384 S.W.2d 676 (Tex. 1964)
Facts & Procedural History
Sallie A. Lindley (Testatrix) executed a holographic will on August 10, 1959. She passed away in June of 1960 at the age of 94. At the time of her death, she was a widow with three children: Rufus Lindley, Mary Harper, and Tommy Lindley. Tommy died in the State Hospital at Terrell on July 23, 1959. He was survived by his wife, Dixie, and by three children: J. G. Lindley, Evelyn Redmond, and Juanita Irons. Rufus Lindley was married but had no children. Mary Harper was a widow and had three children: Oleta Smith, D. C. Hyder and Prentiss L. Hyder. Testarix’s will stated that her two surviving children, Rufus Lindley and Mary Harper, and one of her grandchildren, Prentiss L. Hyder, were to be paid $1.00 each. The remainder of her estate was devised and bequeathed to the remaining five grandchildren in equal shares. J. G. Lindley and Juanita Irons (Proponents), were appointed executors without bond and filed the will for probate. Their application for probate was contested by Rufus and Mary (Contestants). Contestants alleged that their mother lacked testamentary capacity and that her execution of the will was interfered with by the undue influence of J. G. Lindley, Evelyn Redmond and Juanita Irons. After a jury trial, the jury found that Testatrix had testamentary capacity. The will was admitted to probate, and the Court of Civil Appeals affirmed the judgment.
The Supreme Court reversed the judgments of the lower courts, and remanded the case back to the district court for a new trial. The Court stated that no evidence (whether direct or circumstantial) existed that could lead to the conclusion that Testatrix’s will was executed with the presence of undue influence. The Court explained that Testatrix’s mental and physical condition, the many opportunities for grandchildren to influence her, and terms of her will disinheriting certain relatives from her estate, did not demonstrate undue influence on part of the remaining grandchildren listed as beneficiaries.
Main Considerations
When does a testator’s false beliefs (insane delusions) amount to a lack of testamentary capacity?
When a testator’s false beliefs influence the terms of his/her will, a testator lacks testamentary capacity despite his/her knowledge of the nature and extent of his property, the effect of his will, and the natural objects of his bounty, and ability to handle complex business matters.
When are contestants entitled to have a jury receive a definition of the term insane delusions prior to making a decision regarding Testatrix’s testamentary capacity?
This should occur in cases where the evidence supported a finding that a testator experienced delusions that affected the terms of their will.
The Takeaway
Lindley v. Lindley shows that, in a will contest, a jury is able to receive an instruction on the definition of the term insane delusions (in addition to an instruction on the definition of the term ordinary testamentary capacity) only where the issue of insane delusions is supported by evidence.
Do you need an Experienced Attorney to help with your probate matter?
In order to determine whether or not someone has the mental capacity to create a valid will, courts will often look at whether the person suffers from any delusions. Delusions are false beliefs that a person holds, despite evidence to the contrary. If a person suffering from delusions creates a will, courts will typically invalidate the will if it can be shown that the delusions influenced the decisions made in the will.
If you are in the process of probate and have concerns about whether or not the deceased had the testamentary capacity to create a valid will, it is important to speak with an experienced attorney. An attorney can help you understand the law and how it applies to your specific case. Contact us today for a FREE consultation. (915) 292-4400
Related questions
What is meant by testamentary capacity?
Testamentary capacity is the legal term for the mental ability to make a will. A person must have testamentary capacity in order to create a valid will. This means that the person must be of sound mind and able to understand the nature and consequences of making a will.
There are a few key things that a person must be able to do in order to have testamentary capacity:
- Understand that they are making a will and what a will does;
- Understand the nature and extent of their property;
- Understand who their natural heirs are;
- Understand that death is final and that their will takes effect after death.
A person can lack testamentary capacity for a variety of reasons, including dementia, mental illness, drug or alcohol abuse, or even just old age. If a person does not have testamentary capacity, their will is not valid and cannot be enforced.
If you have any questions about whether or not you have testamentary capacity, it is best to speak with an experienced estate planning attorney.
When determining whether a person has testamentary capacity?
There are a few things that need to be taken into account when determining whether a person has the testamentary capacity to make a will. First, it must be determined whether the person suffers from any sort of mental illness or delusion that would prevent them from understanding the nature and consequences of making a will. Second, the person must be able to communicate their wishes in a clear and coherent manner. Finally, the person must be able to comprehend the value and extent of their property and how it will be distributed among their beneficiaries. If any of these criteria are not met, then the person may be found to lack testamentary capacity.
What is the test for testamentary capacity?
The test for testamentary capacity is whether the person making the will understands the nature and extent of their property and the beneficiaries who would receive it. The testator must also understand the consequences of making a will.
How to prove testamentary capacity?
When it comes to estate planning, one of the key components is having the capacity to create a valid will. This means that you must be of sound mind and body, and have a clear understanding of what you are doing. Unfortunately, there are times when people suffer from mental illness or other issues that can prevent them from having this capacity. If you suspect that someone does not have the ability to create a will, you may need to prove this in court.
There are a few different ways to go about proving that someone lacks testamentary capacity. One is to show that they have been diagnosed with a mental illness that affects their ability to understand their property and how it should be distributed after their death. Another way to prove lack of capacity is to show that the person suffers from dementia or Alzheimer’s disease and is no longer able to understand the nature of their assets and what they mean to them. Finally, you can also provide evidence that the person was under the influence of drugs or alcohol at the time they created their will, which can lead to questions about their state of mind.
If you are able to successfully prove that someone lacked testamentary capacity when they created their will, it can lead to the will being declared invalid
What is lack of testamentary capacity?
Lack of testamentary capacity is when a person is unable to make a will or execute other estate planning documents due to mental incapacity. The term can also be used to describe someone who is not of sound mind when making decisions about their estate. This can happen for a variety of reasons, including dementia, Alzheimer’s disease, psychological disorders, and substance abuse.
Lack of testamentary capacity can have serious consequences for both the person who is unable to make decisions about their estate, and their loved ones. It can mean that important decisions about how the estate will be managed and distributed are left up to the courts. It can also lead to family disagreements and conflict over who should control the estate.
If you have concerns about whether a loved one has the ability to make decisions about their estate, it’s important to seek legal advice. An experienced attorney can help you understand the options and make sure that the estate is handled in accordance with the law.
