Medlin & Medlin, PA
Attorney at Law
(704) 786-8173
Concord, NC 

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ESTATE PLANNING MENTAL CAPACITY TO SIGN WILL

Let me tell you something you might not know about mental capacity requirements for someone making a will.

The signer must be at least 18 years of age and that part is easy to determine.

It is more difficult to determine if the extremely aged or very, very ill person has the proper mental capacity to make a will at all.

If someone’s mind is nearly gone but they have days or hours during which they are lucid, those lucid, clear spells are quite acceptable times to make a will.

There are some tests we follow.

1. Will maker must know “the natural objects of his bounty” (family)

2. Will maker must know the nature and extent of the property that he owns.

3. Will maker must understand the manner in which his assets will be disposed of by his estate plan. In other words, the effect of the disposition plan in his will.

So long as I am able to determine that the maker of the will understands all of these three points, then I can certainly draw a will for the client.

Also, my secretaries and I will frequently be present for the interview with the senior adult and will document our findings with written memorandum in case there are ever questions about the mental capacity of the maker of the will.

 

In nearly 40 years of law practice, I have handled thousands of effective estate plans.

My job is to take care of my clients.

Call me.