[WSBAPT] Competency to Execute Will

[Tom Westbrook]

Mark, take a look at these cases and see if still good law.

The contestants of a Will who allege lack of testamentary capacity must establish such allegations by clear, cogent, and convincing evidence. In re Riley's Estate, 78 Wn.2d 623, 479 P.2d 1 (1970).

A person is possessed of testamentary capacity if at the time they execute their Will, they have sufficient mind and memory to understand the transaction in which he or she is then engaged. A testator must comprehend generally the nature and extent of the property that constitutes his or her estate that is being distributed in the Will and must recollect the objects of his or her bounty. In re Estate of Bottger, 14 Wn.2d 676, 685, 129 P.2d 518 (1942).

 Regards, Tom

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Mark Anderson <marka at mbaesq.com>
Sent: Wednesday, October 23, 2024 4:32:52 PM
To: wsbapt at lists.wsbarppt.com <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Competency to Execute Will


Dear All:



Surviving spouse has wanted to change her Will since her husband's death but has not gotten around to it because she is still grieving the loss.  She was just recently diagnosed as having Alzheimer's dementia, affecting her cognition and memory.



Is a diagnosis of Alzheimer's dementia, without more, conclusive evidence that she is incompetent to change her Will?  Can anything be done to prove (and document) otherwise?



Thanks in advance.



Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>

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