What are some of the common grounds upon which testamentary capacity may be challenged, and what must be shown?

What are some of the common grounds upon which testamentary capacity may be challenged, and what must be shown?

 

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To make a valid will, a testator must be of sound mind and memory.  A will may be challenged for lack of testamentary capacity where the decedent was insane, infirm, lost his or her memory as a result of the aging process, or was senile.  Another challenge to a will involves undue influence or manipulation of the testator by an individual occupying a position of trust.  Legally-speaking, a testator is presumed competent unless proven otherwise.  In general, individuals contesting a last will testament must show that decedent's mental unsoundness caused him or her to be insanely delusional concerning them or incapable of remembering members of their family.

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