Mike was 88 years old and his mental capacity had begin to fail him. He had good days where he knew his name and where he was. Then he had bad days where his memory escaped him. On a good day, Mike told his son that he wanted to give him 75% of his estate at his death. He told his son to have the lawyer draw up the paperwork. His son did what his father asked. The lawyer drew up the paperwork and brought it to Mike to sign. The lawyer confirmed that Mike knew his name, the name of his children and what he was transferring and to whom.

Mike died two weeks later. When the daughter learned that her father had left 75% of the estate to her brother you filed suit stating her father lacked testamentary capacity. Using IRAC determine if Mike lacked testamentary capacity.