50 State Testamentary Capacity Project: Connecticut 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. Seventh up, Connecticut.

Turner’s Appeal, 72 Conn. 305, 317, 44 A. 310 (1899)

Testamentary capacity exists if the testatrix had such a mind and memory as would enable her to recollect and understand "the nature and condition of her property, the persons who were or should be the natural objects of her bounty, and her relations to them, the manner in which she wished to distribute it among or withhold it from them, and the scope and bearing of the provisions of the will she was making."

Mere physical weakness or disease, eccentricities, blunted perceptions, weakening judgment, failing memory or mind are not necessarily inconsistent with testamentary capacity. One's memory may be failing, and yet his mind not be unsound; one's mental powers may be weakening, and still sufficient capacity remain to make a will.

Sanzo’s Appeal from Probate, 133 Conn. App. 42, 50, 35 A.3d 302 (2012)

To make a valid will, the testatrix must have had mind and memory sound enough to know and understand the business upon which she was engaged, that of the execution of a will, at the very time she executed it.

Boschen v. Second National Bank of New Haven 130 Conn. 501, 35 A.2d 849 (Conn. 1944)

An insane delusion is a false belief for which there is no reasonable foundation which would be incredible under the given circumstances to the same person if of sound mind and concerning which the mind of the decedent was not open to permanent disabusing.

City National Bank & Trust Co. Appeal from Probate 145 Conn. 518, 144 A.2d 338 (Conn. 1958)

An insane delusion can affect testamentary capacity only when it enters into and controls to some degree the making of the will.