While on his deathbed, Miguel's grandfather, Julio, revoked all his prior wills and wrote out a new will in his own handwriting, leaving everything to the local animal shelter in trust for his dog, Fido. Julio signed the will and mailed it to the animal shelter before he died. Miguel wants to challenge the new will. Which of the following statements is true?

Question

Quizplus · Accepted Answer

In the above case, if while making the new will Julio lacked the mental capacity to understand his actions, the new will is invalid. A person could move in and out of periods of lucidity and still have testamentary capacity if he executed his will during a lucid period. Lack of testamentary capacity is a common ground upon which wills are challenged by persons who were excluded from a will.

While on His Deathbed, Miguel's Grandfather, Julio, Revoked All His