To Be Of “Sound Mind”

What does it mean to be of “sound mind”?

The requirement of “sound mind” is not specified in the Texas Probate Code. Instead, Texas Courts have determined that the “sound mind” requirement with regard to whether a person has “testamentary capacity” is as follows: The Testator (the person making a will) has sufficient mental ability, at the time of the execution of the will if he or she:

  • 1. Understands the business in which is engaged;
  • 2. Understands the effect of making the will;
  • 3. Understands the general nature and extent of his property;
  • 4. Knows his next of kin and the natural objects of his bounty; and
  • 5. Has sufficient memory to assimilate the elements of the business to be transacted, to hold those elements long enough to receive their obvious relation to each other, and the form of reasonable judgment as to them.

All five as set out above are required in order to prove that a person was “of sound mind” when the will was signed.

Category : Estate Planning &Guardianship Law &Probate Law &Trust Litigation &Will Contests

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