What is the effect of senility on a will’s validity?
Video Transcript
In order for a will to valid the testator must have the requisite mental capacity to sign the will. There is a three step test for that. First, the testator must understand the natural objects of their bounty, meaning they must understand who their relatives are. Second, the testator must understand the nature and extent of their property, meaning they must understand what they own. Third, the testator must understand the practical affect of the will. If somebody is senile there’s the potential that they might not understand one or more of those elements and perhaps it would be and indication that the testator lacked the requisite mental capacity to sign the will.
