Does the Testators Mental Competency at the Time of Signing Affect a Wills validity?
The person seeking to have the Will accepted for probate generally has to establish that the deceased was of sound mind and memory at the time the Will was executed. If the People who served as witnesses when the Will was signed say the deceased was of sound mind, knew where he was, what the day was, who his family members are, and knew that he was signing his Will, the burden often shifts to the person challenging the Will to prove it should not be admitted to probate. Medical records of the decedent obtained for the time frame when the Will was signed may be relevant to the issue of mental competency.
