Testamentary Capacity

News & Analysis as of

Basic Information About Durable General Powers of Attorney

Durable General Power of Attorney – What Is It? The Durable General Power of Attorney is a document executed by an individual with mental capacity (the “principal”) in which he or she nominates an agent (formerly known...more

Are You (or Your Spouse) Legally Competent to Divorce?

Many people joke that all people getting divorced have temporary diminished capacity because it is during divorce that we often see otherwise confident, smart and successful people engage in foolish behaviors. But, putting...more

Marriage and Capacity: The Mental Competence Needed To Tie (and Untie) the Knot

Roughly half of all marriages in the United States eventually end in divorce. The statistics are even bleaker in California, where the divorce rate hovers at around sixty percent. In light of these odds, getting married in...more

Illinois Supreme Court Holds Will's Language Can Suggest Lack of Capacity, and Adopts Cause of Action for Equitable Adoption

A testator has held a younger man out for nearly sixty years as being his son. When the testator drafts a will stating that he has no children, is that statement a sufficient basis to plead a will challenge based on lack of...more

Illinois Supreme Court Will File Two New Civil Opinions on Thursday Morning

This afternoon, the Illinois Supreme Court announced that it will file two opinions in civil cases on 9:00 a.m. on Thursday morning. The upcoming opinions are...more

Argument Report: Can Lack of Testamentary Capacity Be Proven From the Will Alone?

A relatively quiet Illinois Supreme Court gave little indication of its leanings last week during oral argument in DeHart v. DeHart....more

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