Most commonly brought about with minors or the elderly who are preparing a will, testamentary capacity is the legal way of discussing the metal state of the person who is preparing the will.
When charges of testamentary capacity are brought about, it usually means that the person who has prepared a will is being considered mentally unfit to do so. Whether it is that they are not capable of understanding what it is that they are signing, or they do not understand the value of the property or assets of their will. Either way Attorney Michael Colton will help resolve testamentary capacity issues in Oakland County, Michigan.
In order to prove that a person writing their will is capable of making decisions, they must:
- Know the extent and value of their property stated in the will.
- Know the persons who are the natural beneficiaries
- Understand the disposition he or she is making
- Understand how these elements relate, and be able to form an orderly plan of distribution of their property.
If you are concerned that a loved one is incapable of making the decisions needed to execute a proper will, contact Michael Colton in regards to obtaining a power of attorney to assist with the will preparation process.