In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid...

form of the word is testamentary, as in: Testamentary capacity, or mental capacity or ability to execute a will and Testamentary disposition, or gift...

contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue...

A testamentary trust (sometimes referred to as a will trust or trust under will) is a trust which arises upon the death of the testator, and which is specified...

to the will. Sound Mind. The testator must be of 'sound mind' ("testamentary capacity") as provided by Section 3 of the Wills Act 1959. If the testator...

advanced healthcare directives has been voted. Every adult with testamentary capacity can redact a legal binding document declaring a will in the event...

powers, donors may limit when the power may be exercised by the donees. Testamentary powers are usually indicated by the inclusion of limiting language in...

with dementia. Support and guidance are available on assessing testamentary capacity in people with dementia. In 2015, Atlantic Philanthropies announced...

law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be decreased on account...

does not then possess testamentary capacity" under Maryland law and for one year after the testator regains testamentary capacity under New York law. New...

A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. The purpose of a codicil can differ across jurisdictions...

essential to its validity were that the testator should possess testamentary capacity, and that the will should be signed or acknowledged by the testator...

Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property...

applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. Throughout...

Testate succession exists under the law of succession in South Africa. Testamentary succession takes place by virtue of either a will or a codicil: A will...

vivos (during a donor's life) or as a part of a trust or will at death (testamentary). There are two basic types of US charitable trusts: charitable remainder...

Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property...

conceptually on the basis that it would amount to the delegation of a testamentary power, although subsequent cases have cast doubt on the correctness of...

Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property...

financial affairs, and psychological autopsies especially as related to testamentary capacity). Additional assessments that these professionals can perform include...

trust in Australia or New Zealand. Where the discretionary trust is a testamentary trust, it is common for the settlor (or testator) to leave a letter of...

the opposite is proved. Similarly, a person is presumed to have testamentary capacity until there is evidence to undermine that presumption. The presumption...

Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property...

the entrusted property is known as the "corpus" or "trust property". A testamentary trust is an irrevocable trust established and funded pursuant to the...

Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property...

formed by The International Psychogeriatrics Association called Testamentary Capacity and Undue Influence. It consists of reviews on international law...

For a last will and testament to be valid, the testator must have testamentary capacity. This is often expressed using the phrase "being of sound mind and...

administrator has been appointed. These are often referred to as "letters testamentary", "letters of administration" or "letters of representation", as the...

until the opposite is proved. Similarly, a person is presumed to have testamentary capacity until there is evidence to undermine that presumption. v t e...

Attestation clause Residuary clause Incorporation by reference Contest Testamentary capacity Undue influence Insane delusion Fraud No-contest clause Property...