An insane delusion renders a testator without capacity for making a will.

• A. True
• B. False
• C. Only if the delusion relates to a dispositive provision
• D. Only if the delusion is proven to be permanent

Answer: (A)

The main idea is testamentary capacity: a person must understand the act of making a will, what the will does with the property, and who would naturally inherit. An insane delusion is a false belief held despite evidence to the contrary that can distort that understanding. If the delusion affects how the testator views the disposition or the consequences of the act, it undermines the ability to act rationally in making a will. The delusion need not be permanent; even a temporary delusion that colors the testator’s understanding at the time of execution can render the testator lacking capacity. Therefore, an insane delusion can prevent valid testamentary capacity at the moment the will is made.