50 State Testamentary Capacity Project: Louisiana Testamentary Capacity Expert Definitions

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. Eighteenth up, Louisiana.

Succession of Lyons, 452 So.2d 1161 (1984)

The capacity to make a will is tested at the time the will is made.

The question is whether the testator understood the nature of the testamentary act and appreciated its effects (citing Succession of Moody, 227 La. 609, 80 So. 2d 93 (1955)).

The burden of proving lack of testamentary capacity is upon the party alleging it (citing Succession of Schmidt, 219 La. 675, 53 So. 2d 834 (1951)).

There is a presumption in favor of testamentary capacity (citing Succession of Mithoff 168 La. 624, 122 So. 886 (1929); Succession of Lambert, 185 La. 416, 169 So. 453 (1936)).

Doubts about capacity must be resolved in favor of the will (citing Kingsbury v. Whitaker, 32 La.Ann. 1055, 36 Am.Rep. 278 (1880)).

The presumption of capacity could be destroyed by cogent, satisfactory and convincing evidence (citing LeBleu v. Manning, 225 La. 1087, 74 So. 2d 384 (1954)).

The party alleging lack of testamentary capacity must overcome the presumption of capacity by clear and convincing evidence.