Wills, Estates & Trusts
Oct. 14, 2025
Capacity standards in California trust litigation: Why the distinction matters
In California trust litigation, determining whether a settlor's mental ability meets the lower testamentary standard or the higher contractual one often decides who controls an estate -- and the outcome of the entire case.
In trust and estate litigation, few issues are as central or as contested as the question of capacity. Whether a settlor or testator possessed the requisite mental ability at the time of signing a will, amending a trust, or executing a power of attorney can determine control of millions of dollars in assets and reshape family legacies. Yet, the standard of capacity applied in California is not uniform. Courts distinguish between testamentary capacity and contractual capacity,...
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