Whether someone has the the “capacity” to make a Will under Minnesota law is important.
When we do a consult with new clients, one of the first questions a lawyers asks is: does the person making the Will have the necessary legal “capacity?” The response we often get from clients is: “what the heck are you talking about?”
Testamentary Capacity
Capacity is the legal word for whether or not someone know the results of their actions.
Think about it: if you or someone you love has dementia, alzheimers, or some other mind-limiting medical condition, that person may not know what they are doing. They may not have legal capacity to be able to say what they want done with their belongings and money upon their death.
Many times, when people do not have legal capacity, a guardian and/or conservator will be appointed by the court for them. The legal requirements of when or if a guardianship and/or conservatorship may be necessary are discussed in other blog posts on this website.
The legal standard in Minnesota
Testamentary capacity (or the ability to make a valid Will) is stated in the case of Matter of Congdon’s Estate, 309 N.W.2d 261, 266-67 (Minn. 1981). Essentially, the Minnesota Supreme Court tells us that:
[t]he testator (will maker) must understand “the nature, situation, and extent of his property and the claims of others on his bounty or his remembrance,” and be able to hold these things in his mind long enough to form a rational judgment concerning them.
It is also true that testamentary capacity is less stringent than the capacity to make a contract. Furthermore, an individual subject to a conservatorship may have testamentary capacity.
Minnesota Estate Planning Lawyers
If you have any questions whatsoever about whether you or your loved-one has testamentary capacity, a Minnesota estate planning lawyer should be consulted. Bad results can happen if decisions are made without the consult of a lawyer who knows the law and knows the capacity standard.
Contact and estate planning lawyer today at 612-424-0398. We always offer a free initial consultation.
