Salvaging Testamentary Intent by Applying Partial Invalidity to Insane Delusions

Abstract

This paper asserts that the common law's practice of voiding entire wills when only a part of the gifts may be affected by the testator's insane delusion erroneously destroys a testator's legitimate testamentary intent. Rather than considering an insane delusion as precluding testamentary capacity, courts should utilize the doctrine of partial invalidity to bifurcate and give effect to the true testamentary intent that can be found in gifts unrelated to any insane delusion.

Keywords: insane delusion, partial invalidity, testamentary intent

JEL Classification: K10, K19