Suppose a person is mentally competent at the time of making a will but subsequently becomes incompetent. Is the will still good?

Yes. The fact that the person making the Will has weakened mentality sometime after the Will is made has no bearing. It only becomes important should the person having an unstable mind want to change the Will at a later date. However, capacity may be generally defined as the ability to understand that a will is being made and to understand its general nature.  The fact that a person does not fully understand the full meaning and all ramifications of a will does not mean that the person lacks capacity.

 

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.