A lucid interval is sufficient to establish testamentary capacity.

A lucid interval is sufficient to establish testamentary capacity.

• A. True
• B. False
• C. Only if the testator is free of any mental illness
• D. It depends on the type of testamentary instrument

Answer: (A)

Testamentary capacity is judged at the moment the will is executed, requiring the testator to understand the nature of the act, the nature and extent of the property, and who might be expected to benefit. A lucid interval is a temporary period of mental clarity during which the testator can grasp those aspects. If such a lucid interval exists at the time of signing, capacity is established for that act, so the will can be valid despite prior or intermittent mental illness. The standard does not require the testator to be permanently free of mental illness or to affect all types of testamentary instruments; it depends on whether the testator understands the act at the moment of execution.

Testamentary capacity is judged at the moment the will is executed, requiring the testator to understand the nature of the act, the nature and extent of the property, and who might be expected to benefit. A lucid interval is a temporary period of mental clarity during which the testator can grasp those aspects. If such a lucid interval exists at the time of signing, capacity is established for that act, so the will can be valid despite prior or intermittent mental illness. The standard does not require the testator to be permanently free of mental illness or to affect all types of testamentary instruments; it depends on whether the testator understands the act at the moment of execution.