Taking Care of Mom and Dad: Of Sound Mind

Under the law of most states, the person making a will must be of sound mind. He must understand, for example, that he has three children and four grandchildren, who would naturally be those to whom a person would leave his estate. (But that does not mean he must do so.) Additionally, he must be aware that, by signing the will, he is making a final disposition of his property.

The will maker is not required to be smart or wise or reasonable or fair. He must only know what he is doing and, if he does, the law will respect whatever disposition he cares to make, subject to lawful claims that must be paid first, and the rights, if any, of the surviving spouse.

Most wills recite that the maker is of sound mind. The law tries hard to reject claims that the maker was mentally-impaired or under undue influence or duress. If a will is thrown out, the estate is handled as if there wasn't one to begin with.