Testator's Capacity

What is your role as a paralegal in an estate planning practice? Competence is something that must be determined at the time a will is signed, but whose responsibility is it?

Be careful with "unsound" mind. What about a person who has some periods of competence? The answers here may not be as absolute as one may first think.

As a paralegal, if you are asked to witness a will, you should make your judgment of the testator's capacity at the time of the execution of the will. If the testator lacks capacity, you should not sign the will. Based on this information, answer the following questions:

What objective and subjective signs will a paralegal consider when deciding whether it appeared that a testator had or lacked sufficient testamentary capacity to execute a will?

What will you do if you were being directed by your supervising attorney to witness a will for a testator who appeared to lack testamentary capacity?

Can an attorney draft a will for a client who is of unsound mind?

Examine this issue of the testator's capacity at the time of preparing and executing/drafting the will.

Justify your ideas and responses by using appropriate examples and references from (including primary sources such as cases, statutes, rules, regulations, etc.), government Web sites, peer-reviewed legal periodicals (not lawyer blogs), which can be supplemented by law dictionaries or the textbook.