SUBSECTION 2. - Testamentary Capacity and Intent Flashcards
What does Art. 796 state regarding who can make a will? [Article 796]
All persons who are not expressly prohibited by law may make a will.
What is the minimum age for making a will according to Art. 797? [Article 797]
Persons of either sex under eighteen years of age cannot make a will.
What is the essential mental condition required for a testator at the time of will execution according to Art. 798? [Article 798]
In order to make a will it is essential that the testator be of sound mind at the time of its execution.
What does “to be of sound mind” mean in the context of a testator? [Article 799]
To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause.
What are the three key abilities a testator must possess when making a will? [Article 799]
It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act
What does Art. 800 state about a person’s mental state? [Article 800]
he law presumes that every person is of sound mind, in the absence of proof to the contrary.
Who has the burden of proof to show that the testator was not of sound mind when making a will? [Article 800]
The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will.
What happens if the testator was publicly known to be insane within one month (or less) before making the will? [Article 800]
If the testator, one month, or less, before making his will was publicly known to be insane, the person who maintains the validity of the will must prove that the testator made it during a lucid interval.
What does Article 801 state about supervening incapacity and an effective will? [Article 801]
Supervening incapacity does not invalidate an effective will
Can a will of an incapable individual be validated by the later supervening of capacity according to Article 801? [Article 801]
No, a will of an incapable individual is not validated by the supervening of capacity.
What does Art. 802 state about a married woman’s ability to make a will? [Article 802]
A married woman may make a will without the consent of her husband, and without the authority of the court.
What is a married woman’s right regarding her separate property according to Article 803? [Article 803]
A married woman may dispose by will of all her separate property as well as her share of the conjugal partnership or absolute community property.
