Capacity in California
As attorneys who advise clients day to day on estate planning, one real concern we have is establishing capacity when drafting a will. The concern of capacity becomes more present when dealing with individuals who are much older or who are ill. If you live in the California area and have questions regarding capacity you should consult with a Los Angeles estate planning attorney.
An estate planning attorney will be able to give you specific advise where you are concerned about capacity issues. However generally, one of the basic requirements of testamentary capacity is whether the testator was mentally competent to draft the will at the time the will was executed. First the person must be at least 18 years of age to draft a will in the state of California. Probate Code section 6100. Additionally, the person must be of sound mind? However, your interpretation of a "sound mine" may or may not be different from what California considers a sound mind to be. For more information on Capacity stay tuned to tomorrow's blog.