It would of course make perfect sense that anyone who puts together their will, must be in the mental state to do so.  A person must have both the testamentary capacity to create a will in the first place, if it is to stand the test of law.  The old preamble to most wills which says, “being of sound mind and body, I …”  is basically what we are talking about here.  If that is true and substantiated, then a will has a much better chance of withstanding contesting. However, when it comes time to contest a will which is usually after the principal person has deceased, it can be quite difficult to prove that they were incapable of...