Asked by Chantal Paine on Jun 10, 2024
Verified
Forty-year-old Kelsey,a homeowner with a wife and two children,made out his will the day he was institutionalized for alcohol abuse.When he drew up the will,Kelsey was experiencing severe withdrawal symptoms,including impaired memory,insomnia,and tremors.Describe how a court would evaluate whether Kelsey was of sound mind when he made out his will.
Withdrawal Symptoms
Physical or psychological symptoms that occur after stopping or reducing the intake of a substance that the body has become dependent on.
Institutionalized
Refers to the process or state of being placed into and becoming accustomed to a structured institutional environment, such as a prison or mental health facility.
Sound Mind
A legal term denoting an individual's legal and mental capability to make decisions or enter into contracts, signifying that they are neither impaired nor incapacitated.
- Discuss the validity of a will in terms of testamentary capacity and legal requirements.
Verified Answer
AT
abira thayalanJun 10, 2024
Final Answer :
A court would ask whether,when he was making the will,Kelsey knew that he was making a will;whether he was free from delusions that might influence the disposition of the property;whether he knew,in a general way,the nature and extent of the property he owned when he made the will;and whether he knew who would be the natural recipients of the estate.If the court determines that the answer to each of these questions is yes,the court would find that Kelsey was of sound mind when he made the will.
Learning Objectives
- Discuss the validity of a will in terms of testamentary capacity and legal requirements.