Last updated: 4/13/2015
200.10. Testamentary Capacity-Personal Characteristics of Decedent
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Description
200.10 Testamentary Capacity--Personal Characteristics of Decedent If you believe that [name of decedent] [was unable to transact his ordinary business affairs] [had insane delusions] [was eccentric] [held radical or extreme notions or beliefs] [used intoxicating liquor to excess] [used drugs to excess] [had limitations due to advanced age] [suffered from a [psychosis] [or] [neurosis]] at the time he executed the document purporting to be his last will, you may consider this together with all the other evidence in determining whether [name of decedent] had the mental capacity to make a will. However, if you find that [name of decedent] did have the mental capacity to make a will at the time the document in question was executed, then the fact that he might [insert pertinent characteristics] would not make the document invalid. 1