An insane delusion is distinct from testamentary capacity.
2.
In South Africa, however, one acquires testamentary capacity at the age of 16 years.
3.
Similarly, a person is presumed to have testamentary capacity until there is evidence to undermine that presumption.
4.
The testamentary capacity matter is most frequently raised posthumously, when an aggrieved heir contests the will entered into probate.
5.
Testamentary capacity, then, refers to the minimum age and the mental capacity required to make a valid will.
6.
Lawyers for people whose testamentary capacity might be called into question often arrange for a will execution to be video taped.
7.
The Master of the High Court will accept without evidence that the will that he receives from the executor was executed with the necessary testamentary capacity.
8.
The issue of a testator s testamentary capacity will only arise if someone approaches a court with an application regarding the capacity of the testator to make a will.
9.
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.
10.
Along with resolving an examinee's testamentary capacity, a forensic specialist observes for signs of undue influence by a concerned party that exploits an emotionally vulnerable individual who might otherwise be cognitively intact.
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