Topic
Testamentary Capacity
99 published works
HEIRS & SUCCESSES
The Estate of the late Wilma Annette Pusterla [2026] NSWSC 951: Capacity, Knowledge, and Approval
Testamentary capacity, knowledge, and approval are distinct requirements in probate law. Testamentary capacity refers to the legal and mental ability to make or alter a valid Will. The testator must…
Florida Probate & Trust Litigation Blog
Interview with a Probate Lawyer: Woodrow “Mac” Melvin, Jr.
Woodrow “Mac” Melvin, Jr. was on the winning side of In re Rosenstiel's Will, 44 Fla. Supp. 92 (Fla. 11th Cir. Ct. June 24, 1976), a nationally significant probate case…
HEIRS & SUCCESSES
The Will maker did not make a free and fully informed decision: Chalik v Chalik [2025] NSWCA 136
Margaret Chalik, who died on 20 July 2021, aged 85, survived by her two adult sons, Gregory Chalik (the plaintiff) and Igor (now known as Isaac) Chalik ( the defendant),…
Berk Law Group Blog
Testamentary Capacity in Arizona: When Is a Will Signed After a Dementia Diagnosis Still Valid?
By Kent Berk
Testamentary capacity in Arizona is judged by the testator’s state of mind at one specific moment: the moment of signing. But what happens when the person who signed it had…
Berk Law Group Blog
Testamentary Capacity in Arizona: Can Someone With Dementia Still Legally Sign a Will?
By Kent Berk
Testamentary capacity in Arizona is judged by the testator’s state of mind at one specific moment: the moment of signing. But what happens when the person who signed it had…
HEIRS & SUCCESSES
Saeedi v Pastrello[2026] ACTCA 10: Probate Dispute Insights and Video Evidence
Disputes over the validity of a Will often turn on two closely connected questions: whether the testator had the necessary mental capacity, and whether they truly understood and approved the…
HEIRS & SUCCESSES
Testamentary Capacity & the Undutiful Will
MCINERNEY v D’ORTENZIO (FORMERLY O’DEA) & ORS [2026] SASCA 7 James Vincent McInerney (the first respondent) applied for probate of the 25 January 2019 Will. Alternatively, he applied for the…
HEIRS & SUCCESSES
Waters v Frank; Frank v Waters (No 2) [2025] NSWSC 1586 Costs,Testamentary Capacity and Undue Influence
Waters v Frank; Frank v Waters [2025] NSWSC 1389 concerned a contested Will. It involved Dr Percy Waters (the deceased), a highly vulnerable and elderly man. His dependence on his…
Future Focused
Probate Disputes: Discussing Capacity, Influence, and Fraud with Mike Kenny
By Michael T. Clear, Michael L. Kenny, Jr.
In this episode of Future Focused: Sophisticated Estate Planning, Host Michael Clear is joined by Litigation Partner Michael Kenny, where they discuss the complexities of probate disputes, focusing on will…
Elder Law Issues
Medical Emergencies Don’t Always Equate to Lack of Testamentary Capacity
By Jordan Young
In 1954, the Supreme Court of Arizona issued the opinion In re Walter’s Estate, 77 Ariz. 122, 267 P.2d 896 (1954). Despite being written over 70 years ago, the opinion still holds…