Tag: capacity to make a trust

Capacity to Make a Will or Trust

An elderly person wants to make a Will or Trust, but there is a question about his capacity. Maybe he was recently diagnosed with dementia, suffered a stroke or is on significant medications. Under Ohio law, in order to have testamentary capacity, that is the capacity to sign a Will or Trust, you must meet a specific standard.

The person making or modifying the will or trust must have sufficient mind and memory to:

1. Understand the nature of the business in which he in engaged;
2. Comprehend generally the nature and extent of his property;
3. Hold in his mind the names and identities of those who have… Read the rest