Even a notarized will can be invalid — The court’s standard for testamentary capacity in a notarized will prepared after a dementia diagnosis

Even a notarized will can be invalid — The court’s standard for testamentary capacity in a notarized will prepared after a dementia diagnosis

This is a case in which a notarized will written by the deceased, who was diagnosed with dementia after bacterial meningitis, was definitively ruled invalid. With a K-MMSE score of 22, the ability to understand the legal meaning of a bequest was not recognized. Even if it was notarized, this confirms the standard that a will is invalid if there is no testamentary capacity.
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