Trusts & Estates
Apr. 12, 2012
How low can you go: the new standard for testamentary capacity
Recent decisions offer some guidance on the appropriate standard of testamentary capacity. By Megan Ferkel Earhart of Goldfard, Sturman & Averbach
From Goodman v. Zimmerman to Walton v. Bank of California, California courts have long struggled with the correct standard to apply when measuring testamentary capacity to make or amend a trust. For example, in Goodman v. Zimmerman, 25 Cal.App.4th 1667 (1994), the 1st District Court of Appeal found that the decedent did not suffer from insane delusions if, but for the insane delusions, the decedent would not have...
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