Article On Testamentary Incapacity, Undue Influence, And Insane Delusions

Thomas E. Simmons (Professor of Law, University of South Dakota School of Law) recently published an article entitled, Testamentary incapacity, undue influence, and insane delusions, 60 S.D. L. Rev. 175-231 (2015). Provided below is an abstract of the article:

Testamentary incapacity, undue influence, and insane delusions are recurring doctrines in the context o f an impaired, weakened, or confused individual leaving a will, the validity o f which comes under question. In the case o f In re Estate of Berg the South Dakota Supreme Court, in 2010, held that an individual possessed testamentary capacity even where he suffered a static lifelong delusion about the identity o f his father and was unable to articulate an accurate estimate o f his net worth. This article uses Berg as a means o f framing the requirements o f a valid Last Will and Testament along with the theories under which a will may be set aside, with special emphasis given to the doctrines o f insane delusions and undue influence. The author offers an analysis o f the holdings and outcome in Berg along with related cases and authority in context. Berg, the author concludes, was correctly decided, its reasoning squaring with longstanding deference towards the freedom o f testamentary disposition, even for individuals with diminished capacity and mental delusions.