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Introduction: Lower Threshold for a Business Contract
Recently, we discussed Maryland’s “core elements” test for assessing whether testamentary capacity is established in a given situation. As we saw, testamentary capacity basically means that someone is of “sound mind” when they create a last will and testament. In other words, they possess the requisite mental ability to fully comprehend the will and all its terms; this essentially mirrors the “capacity” requirement found in basic contract law. As we have discussed elsewhere, capacity in contract law is virtually identical to the concept of testamentary capacity in estate law in Maryland, but there is a critical distinction, one which Marylanders certainly need to imbibe: under current law, testamentary capacity sits at a lower threshold compared to capacity to create a legally enforceable business contract. This is the key point to takeaway: creating an enforceable business contract is relatively more difficult, from the standpoint of establishing capacity, as compared with creating an enforceable will.
Beyond the Four Basic Elements of the Test
As we discussed in the previous article, Maryland’s core elements test consists of four separate things – full comprehension of the will itself, knowledge of the nature and extent of the property involved, understanding the heirs and relative moral claims of heirs, and understanding the distribution plan in its entirety.
On the surface, these requirements are relatively easy to understand, which is why testamentary capacity tends to be an uncontroversial concept in Maryland law, at least in most cases. There are always edge cases, as we know too well here at the Murphy Law Firm, which require more mental horsepower to unravel. If we know more details regarding this core elements test, however, we can go a long way toward preventing controversies – and, ideally, preventing costly litigation from springing up – in the future.
Again, as we said, the basic “threshold” for establishing testamentary capacity is lower than that required for a business contract. One way this manifests is through the presumption of sanity granted to all adults: the law in Maryland presumes that all prospective testators are sane, and so whomever is challenging the will (caveator) automatically gains the burden of demonstrating lack of testamentary capacity at the outset. To overcome the presumption, the challenger needs to present clear and convincing evidence of lack of capacity; the evidence needs to consist of verifiable proof, not merely testimonial evidence with no foundation. In other words, if a challenger says, “the testator was hearing voices,” they need to have a foundation on which to base this testimony, such as psychiatric testing confirming schizophrenia.
As we briefly discussed in our earlier article, Maryland law does not require that the testator be of sound mind before or after the creation of the will. The exact details of this situation are not necessarily simple to decipher, but the law makes it clear that a testator may literally experience only a “lucid interval” long enough to read and sign a will to create an enforceable will. In other words, a testator may be suffering from a psychiatric condition at the time of the signing, but as long as he or she can document that the signing occurred during a brief period of lucidity, the will may be valid and enforceable. This is something which is certainly not intuitive, and so having a qualified attorney to assist in these types of scenarios is imperative. Whenever a testator is suffering from a mental illness of any sort, whether it be serious or not, there is always the possibility of a challenge; having experienced counsel in these situations is very important to function as a safeguard against caveats.
Importantly, testamentary capacity also requires a minimum age of 18, meaning that the testator simply must be legally an adult. In this way, testamentary capacity mirrors the requirements found in basic contract law as well.
Contact the Murphy Law Firm for Additional Information
Readers who want more information on the core elements test, testamentary capacity, the essentials of drafting an enforceable will, the essential structure of wills, establishing irrevocable trusts, or any other estate planning matter, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
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