Claim to void a will dismissed, notarized will upheld

Background

Before passing away, the testator left real estate in equal halves to two children, including our client, by a notarized will. The other heirs claimed the testator lacked mental capacity at the time and primarily sought to void the will and cancel the registration, with a fallback claim for their statutory reserved shares.

Issues and ruling

The issue was whether the testator had testamentary capacity. The court held that past diagnoses alone could not establish incapacity, and pointed to a physician's certificate shortly before the will stating the testator could make decisions, the simple content of the will, and the strict notarial procedure. It found that capacity existed.

Outcome

The primary claims based on invalidity of the will were all dismissed. The fallback claim for reserved shares was granted, so our client transfers only the statutory reserved portion and keeps about two thirds of the bequeathed share. Each side bears half of the litigation costs.

This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.