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SOUND MIND

Trusts: Sound Mind


Sound Mind:

You may have heard the term sound mind or competence. The easiest way to look at this is as follows: When you sign a will or any document in this state you are presumed to be a competent person. You’re presumed to know what it is you’re doing. And in the event that you sign a will you actually sign a statement, if you do a self-proofing provision, that you declare that you are of sound mind and competence when you’re signing that will. Sound mind and competence means you do understand what the difference is between right and wrong, and you do understand what it is you’re signing on that piece of paper.

Many times the basis of a will contest down the road is that the person who’s signing the will wasn’t competent when they signed it. In that situation, in the event of a will contest, you need the ready testimony of perhaps as many as two or more doctors who are going to certify that you were not competent at the time you signed that will. Because they have to overcome the presumption that you were competent at that -- that you were competent at the time you signed the will.

If you might have a Trusts case, Contact our Trusts lawyers immediately for help.



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July 25, 2008
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