Traversing Diminished Capacity and Undue Influence in Estate Planning

September 19, 2011Articles New York Law Journal

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.

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