In California, anyone who is at least 18 years of age and of sound mind can create a will. “Sound mind” means having testamentary capacity, which the law describes as “mentally competent” in California.
To be considered a mentally competent testator in California, you must be able to do all of the following:
(1) Understand the nature of the testamentary act.
(2) Understand and recollect the nature and situation of their property.
(3) Understand who their close relatives are and how they will be affected by the will.
(4) The testator must not suffer from a mental disorder.
(2) Understand and recollect the nature and situation of their property.
(3) Understand who their close relatives are and how they will be affected by the will.
(4) The testator must not suffer from a mental disorder.
Interested in working with Dr. Wood on a testamentary capacity case?
Attorneys and judges in California are increasingly turning to forensic neuropsychologists with an expertise in decision capacity to aid in testamentary capacity cases. A respected neuropsychologist can help your legal team navigate what mentally competent means and provide valuable assistance in crafting your case.
Dr. Stacey Wood is a leader in the study of decisional capacity and assessing mental capacity in a legal setting. Dr. Wood has worked on well over 200 APS and fraud cases in her work as a consultant in Los Angeles County, Riverside County, and San Bernardino Counties. It’s a credit to her reputation in the field of testamentary capacity that she served as Lead Editor and major contributor for “Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers,” by the APA/ABA.
As a leader in the field of study on financial elder abuse and fraud, Dr. Stacey Wood is uniquely positioned to provide testamentary capacity expertise to your next case. Dr. Wood possesses vast experience on testamentary capacity cases including contested wills.
