The Estate Planner’s Checklist for Planning for Incapacity

October 1, 2012Articles Estate Planning
Goldberg writes that under New York Law, when a question arises regarding a testator’s testamentary capacity, the will’s proponent must establish that the testator had the requisite capacity to validly execute a will, a threshold for requisite capacity which dates back to the late 1900’s and is lower than the required to execute a contract.