In an effort to provide a better understanding for what testamentary capacity expert psychologists look for when forming opinions about whether the person had testamentary capacity in the execution of a will, trust, beneficiary designation, or other testamentary contractual document, I am highlighting the statutes, case law, and jury instructions specific to all 50 states. Each will be in its own blog post. Twelfth up, Idaho.

In re: Goan’s Estate, 83 Idaho 568, 366 P.2d 831 (Idaho 1961)

The testator must have sufficient strength and clearness of mind and memory, to know, in general, without prompting, (1) the nature and extent of the property of which he is about to dispose, and (2) nature of the act which he is about to perform, and (3) the names and identity of the persons who are to be the objects of his bounty, and (4) his relation towards them.

Nelson v. Nelson 508 P.3d 301 (Idaho 2022)

The presence of dementia does not always equate to a lack of testamentary capacity. Age, physical infirmity, pain and suffering, or even partial mental debility, in themselves or all concurring, are not necessarily sufficient to support a finding of mental incapacity (citing In re: Heazles’s Estate, 74 Idaho 72, 75-76, 257 P.2d 556, 557-58 (1953).

Schwartz v. Taeger, 44 Idaho 625, 258 P. 1082 (1927)

A man may possess testamentary capacity and at the same time be unable to transact ordinary business; but and where a man is able to transact ordinary business, this is sufficient to establish his competency to make a will.

In re Brown’s Estate, 52 Idaho 286, 15 P.2d 604 (1932)

The physical and mental condition of testator as bearing on testamentary capacity before and after the time of execution of a will is admissible when not too remote, and evidence of mental condition from four to ten days before the execution of a will and one to four days thereafter is admissible.

The mental state of deceased on the day she executed a purported will is a question of fact for the trial court sitting without a jury.