Should insane delusion as a will contest ground be abandoned?
Bradley E. S. Fogel (Professor of Law, Saint Louis University School of Law) has recently published his article entitled The Completely Insane Law of Partial Insanity: The Impact of Monomania on Testamentary Capacity, 42 Real Prop., Prob. & Tr. J. 67 (2007).
Here is the editors’ synopsis of the article:
In this Article, the author discusses the doctrine of monomania, which permits a court to invalidate a will based on the testator’s insane delusion if that insane delusion caused the testator to dispose of his property in a way that he otherwise would not have. The author argues that the monomania doctrine is fatally flawed and that the doctrine should be abandoned in favor of using the general test for capacity to make all testamentary capacity decisions.