Testamentary Capacity: The ability to execute a will has three components; age, soundness of

mind, and express statutory prohibition.

POINTS TO PONDER:
1. Does a convict serving a penalty that carries with it the penalty of civil interdiction have
testamentary capacity?
2. Can a person under guardianship write a will? Can a guardian write a will on behalf of
his ward?
Art. 799. To be of sound mind, it is not necessary that the testator be in full possession of all
his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by
disease, injury or other cause.
It shall be sufficient if the testator was able at the time of making the will to know the nature
of the estate to be disposed of, the proper objects of his bounty, and the character of the
testamentary act.
Soundness of Mind: Soundness of mind as a component of testamentary capacity does not
mean complete possession of mental and physical faculties. While some diseases (Parkinson’s
disease) or advanced age (senile dementia) or injury may affect a person’s reasoning faculties,
he can still possess testamentary capacity as long as he has the ability to know the nature of his
estate, the proper objects of his bounty, and the character of the testamentary act.
BAGTAS v. PAGUIO 22 Phil 227 (1912)
FACTS: Pioquinto Paguio died leaving a will. Fifteen (15) years prior to his death, Paguio suffered
from a paralysis of the left side of his body, his hearing impaired and he lost the power of
speech. Through the medium of signs, he was able to indicate his wishes to his family. The will
was presented for probate by his widow but was opposed by his son and grandchildren on the
ground that the testator was not in full enjoyment and use of his mental faculties and was
without the mental capacity necessary to execute a valid will.

TESTAMENTARY CAPACITY AND INTENT 63

ISSUE: Did the testator have testamentary capacity?
HELD: The testator had been for a number of years prior to his death afflicted with paralysis, in
consequence of which his physical and mental strength was greatly impaired. None of the
witnesses attempted to state the mental condition of the testator at the time he executed the
will in question. There can be no doubt that the testator’s infirmities were of a very serious
character, and it is quite evident that his mind was not as active as it had been in the earlier
years of his life. However, it can not be concluded from this that he was wanting in the
necessary mental capacity to dispose of his property by will.
The courts have been called upon frequently to nullify wills executed under such circumstances,
but the weight of authority is in support of the principle that it is only when those seeking to
overthrow the will have clearly established the charge of mental incapacity that the courts will
intervene to set aside a testamentary document of this character. In this jurisdiction the
presumption of law is in favor of the mental capacity of the testator and the burden is upon the
contestants of the will to prove the lack of testamentary capacity.
The courts have repeatedly held that mere weakness of mind and body, induced by age and
disease do not render a person incapable of making a will. The law does not require that a
person shall continue in the full enjoyment and use of his pristine physical and mental powers
in order to execute a valid will.
To constitute a sound and disposing mind, it is not necessary that the mind shall be wholly
unbroken, unimpaired, or unshattered by disease or otherwise, or that the testator should be in
full possession of his reasoning faculties. “The question is not so much, what was the degree of
memory possessed by the testator, as, had he a disposing memory? Was he able to remember
the property he was about to bequeath, the manner of distributing it, and the objects of his
bounty? In a word, were his mind and memory sufficiently sound to enable him to know and
understand the business in which he was engaged at the time when he executed his will.”
Nature of the estate: The testator shall have the ability to know the nature of his estate if he
knows what properties belong to him which he intends to bequeath in his will. At the same
time,

64 WILLS AND SUCCESSION BETTER EXPLAINED

he knows the extent of his liabilities, if any, which will affect his net estate.
Proper objects of his bounty: These proper objects naturally include those persons for whom
the testator has a certain level of affection or endearment which might merit a disposition in
their favor. Aside from blood relatives, examples of such persons include a faithful servant, a
loyal driver, or a best friend.
Character of the testamentary act: Regardless of his mental state, the testator shall be
considered to have testamentary capacity if he understands that the preparation and execution
of the will involves dispositions affecting his properties. The individual dispositions may be
questionable to others, however, if the same appears to be reasonable considering the factual
circumstances surrounding the testator and the beneficiaries, then the testator may well have
understood the character of his testamentary act.
MATTER OF ESTATE OF BONJEAN Appellate Court of Illinois, 1980
90 Ill. App.3d 582, 45 Ill.Dec.872, 413 N.E.2d 205
FACTS: Armida L. Bonjean died at the age of 64 from ingestion of cyanide. She left a will which
bequeathed the majority of her property to the relatives of her late husband. Ms.Bonjean’s 2
sisters and a brother were specifically disinherited in said Will, which was admitted to probate.
The siblings of Ms.Bonjean filed a petition in court alleging that the testatrix was subject to
insane delusions at the time her will was executed and she was therefore lacking testamentary
capacity. Said siblings contend that the testatrix could not rationally turn against her sisters and
brother who did nothing to her but try to help her’. The lower court concluded that the
testatrix suffered ‘insane delusions which arose over her misunderstanding of her family’s
effort to assist her in her own mental condition’. Thus, the court voided the will of Ms.Bonjean.
ISSUE: Whether Ms.Bonjean suffered from insane delusions which affected her testamentary
capacity?
HELD: The act of suicide, or attempted suicide, is not, per se, proof of insanity or insane
delusions. Suicide may, however, be part of a pattern of behavior which eludes rational
explanation.