Greenville Estate Lawyer A – Z: “Capacity”
May 8, 2011
This installment of Greenville Estate Attorney A – Z is CAPACITY, as in, CAPACITY to make a Last Will and Testament. The capacity to make a Last Will is actually a lower standard than that to enter into a regular contract.
Capacity to make a Last Will requires the following:
1. The Testator (person making the Will) understands what his/her estate assets are;
2. The Testator knows the natural objects of his affections; and
3. The Testator knows to whom he/she wishes to leave his/her estate to.
This is a rather low standard, even a clinically insane person can execute a Last Will and Testament if it is done during a lucid interval. The capacity to make a Revocable Trust is actually the same as that to make a Last Will, this is stated by statute, SC Code 62-7-601.
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