In 2004, Jack executed a valid will in which he left his entire estate to the Heart Fund. In 2012, Jack was declared incompetent and committed to an institution. At his death in 2018, his son, Brian, who was his sole survivor, contested the will claiming that Jack was obviously incompetent. Will Brian prevail with this argument? Explain.

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Cynthia Jones-Washington · Accepted Answer

Final Answer : No, Brian will not be likely to prevail if the evidence reveals that Jack had testamentary capacity at the time he made the will. The fact that Jack subsequently became incompetent would not affect the will.

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