Capacity standards in California trust litigation: Why the distinction matters

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,…