Mental Capacity

On our “Frequently Asked Questions” page we discuss the issue of incompetence or other disability.  How is this matter defined under Michigan law?  In Michigan, an individual who is 18 years of age or older and who has sufficient mental capacity may make a will. “Sufficient mental capacity” means that the person:

  • has the ability to understand that he or she is providing for the disposition of his or her property after death;
  • has the ability to know the nature and extent of his or her property;
  • knows the natural objects of his or her bounty; and
  • has the ability to understand in a reasonable manner the general nature and effect of his or her act in signing the will.

If you have any questions about “sufficient mental capacity” or if you have any other estate planning questions, please contact us.

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