Whether a decedent had sufficient testamentary capacity to make a will arises frequently in trusts and estates practice. Was the decedent of “sound mind” with the necessary mental ability to understand and execute a will? If not, the will will be invalid and either a previously revoked will will be revived or the intestacy law will apply.
Aging Population and Prevalence of Dementia
By 2034, people age 65 and older will outnumber children for the first time in U.S. history. See www.census.gov. As people live longer and the population ages, it can be expected that the frequency of will contests alleging age-related diminished capacity will increase.
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