Testamentary capacity is presumed nonexistent if a guardian was appointed for the testator during the testator's lifetime.

Question

Quizplus · Accepted Answer

Testamentary capacity is assessed at the time the will is made, not based on whether a guardian was appointed. A person can have a guardian for various reasons but still be capable of making a will if they understand the nature of the act, the extent of their property, and the claims of those who might expect to benefit.

Testamentary Capacity Is Presumed Nonexistent If a Guardian Was Appointed