Contesting a Will in NC – Testamentary Capacity
When contesting a will in NC based on lack of capacity, the general rule is: A testator-decedent has testamentary capacity if he: – comprehends the natural objects of his bounty; – understands the kind, nature, and extent of his property; – knows the manner in which he desires his act to take effect; and – realizes the effect his act will have upon his estate. This is the general rule. It means that even if someone is insane, they could still possibly have testamentary capacity. In addition, just because someone cannot read or write, they can still make a will. The...
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