Testamentary Incapacity, Undue Influence and Insane Delusions

58 Pages Posted: 25 Jan 2016

Date Written: October 1, 2015


Testamentary incapacity, undue influence, and insane delusions are recurring doctrines in the context of an impaired, weakened, or confused individual leaving a will, the validity of which comes under question. In In re Estate of Berg (S.D. 2010), the South Dakota Supreme Court held that an individual possessed testamentary capacity even where he suffered a static lifelong delusion about the identity of his father and was unable to articulate an accurate estimate of his net worth. The author offers an analysis of the holdings and outcome in Berg along with related cases and authority in context.

Keywords: Wills, Incapacity, Undue Influence, Insane Delusions, Inheritance, Will Challenges

JEL Classification: K19

Suggested Citation

Simmons, Thomas, Testamentary Incapacity, Undue Influence and Insane Delusions (October 1, 2015). South Dakota Law Review, Vol. 60, No. 2, 2015, Available at SSRN: https://ssrn.com/abstract=2721311

Thomas Simmons (Contact Author)

University of South Dakota ( email )

414 E. Clark Street
Law School suite 212
Vermillion, SD 57069
United States
605.658.3533 (Phone)
605.677.5417 (Fax)

HOME PAGE: http://www.usd.edu/faculty-and-staff/Tom-E-Simmons

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