In California, creating a valid will requires that the person making the will (the testator) meets specific legal standards. One of the most fundamental requirements is that the testator has the mental capacity to understand what they are doing. This can become complicated when the testator is elderly or dealing with mental or physical health issues. Knowing how California law defines “capacity” helps in understanding whether someone is legally able to make a will.
To create a will, anyone must be at least 18 years old and have a sound mind. A physical or mental illness alone does not necessarily mean that the person is of unsound mind. The law specifically defines when a person lacks the mental capacity to create a will. At the time of signing the will, one of the following conditions must be true for the person to be considered mentally incapable:
1. The person cannot understand:
• The nature of what it means to create a will, meaning they don’t understand they are making a legal document to distribute their property after death.
• What property they own, such as real estate, savings or personal belongings, and their general financial situation.
• Who their close family members are, or who is affected by the will, such as understanding who they are choosing to inherit or disinherit.
2. The person suffers from a mental disorder that leads to delusions or hallucinations, which influence their decisions about who should receive their property. In other words, if the mental condition causes them to make decisions they would not otherwise make, the will could be considered invalid.
Even if someone has a mental impairment, the impairment is only relevant if it actually affects the person’s ability to understand or appreciate the consequences of making a will.
In addition to having the mental capacity, the testator must be able to communicate their decisions. This communication doesn’t need to be verbal. A person can communicate their wishes by any method, including gestures, writing or other means. The law requires that the person making the will must be able to understand and express:
• The rights, responsibilities, and legal effects of creating a will.
• The likely outcomes of their decisions for themselves and their heirs or beneficiaries.
• The risks, benefits, and alternatives of the decisions they are making about their estate.
When a person has communication limitations, it can make the process of creating a will more complex. For example, someone may have difficulty speaking or writing, but they might still be able to communicate their intentions through other means, such as sign language, written notes or even eye movements. As long as the person can clearly express their wishes and understands the legal significance of what they are doing, their will can be legally valid.
Under California law, even if a person has a mental or physical condition, they can still create a valid will as long as they have the capacity to understand the process and can communicate their wishes effectively.
Send your questions to ccolan@colanlegal.com and use “Alpine Mountaineer estate planning question” as the subject. We’ll answer your questions in our upcoming issues.
This article is provided by your local estate planning attorney, Corina Colan.
The Law Office of Corina I. Colan / (909) 265-3315 / www.colanlegal.com
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