A last will and testament and other estate planning instruments allow a person to decide in advance how their assets will be distributed to heirs. The decisions contained in a person's estate plans are deeply personal, and most people think long and hard about how they want their assets to be divided among their loved ones or other beneficiaries. Consequently, it is crucial that any will, trust, or other estate planning document represent an individual's true intentions. When a person suffers from dementia or another illness that affects cognition, this is particularly important.
In order for a will to be legally valid, the person making it must have testamentary capacity. Testamentary capacity is a legal concept that ensures that an individual's estate planning decisions are being made by someone who is mentally competent.
California Law Regarding Testamentary Capacity
In California, a testator (the person writing the will) must have a "sound mind" in order to make a valid will. In other words, the person must be able to think clearly and make decisions. Generally speaking, the testator must:
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