| LACK OF TESTAMENTARY CAPACITY |
To set aside a will on the grounds of lack of testamentary capacity, the petitioner must
demonstrate that at the time the will was executed the testator lacked sufficient mental ability
to know he was making a will, to know and remember the natural objects of his bounty, to
comprehend the character and extent f his property and to make disposition of his property
according to a plan formed in his own mind. Butler v. O'Brien, 8 Ill. 2d 203 (1956). Any
legatee under a prior will has standing to contest the validity of a will if the contest is initiated
within the prescribed statutory period and the petitioner stands to inherit if the contested will is
set aside. 755 ILCS 5/8-1. The natural objects of a testator's bounty include those people
related to the testator by blood or affection, i.e those who are or should be considered to be
the recipient of the testator's bequests. Evidence of the testator's mental condition within a
reasonable time before or after the making of a will is relevant to show the testator's mental
condition at the time of the execution of the will. Voodry v. Trustees of University of Illinois,
251 Ill. 48 (1911).
The testator is presumed to be sane and the burden of proof is on the will contestant to
rebut that presumption.
demonstrate that at the time the will was executed the testator lacked sufficient mental ability
to know he was making a will, to know and remember the natural objects of his bounty, to
comprehend the character and extent f his property and to make disposition of his property
according to a plan formed in his own mind. Butler v. O'Brien, 8 Ill. 2d 203 (1956). Any
legatee under a prior will has standing to contest the validity of a will if the contest is initiated
within the prescribed statutory period and the petitioner stands to inherit if the contested will is
set aside. 755 ILCS 5/8-1. The natural objects of a testator's bounty include those people
related to the testator by blood or affection, i.e those who are or should be considered to be
the recipient of the testator's bequests. Evidence of the testator's mental condition within a
reasonable time before or after the making of a will is relevant to show the testator's mental
condition at the time of the execution of the will. Voodry v. Trustees of University of Illinois,
251 Ill. 48 (1911).
The testator is presumed to be sane and the burden of proof is on the will contestant to
rebut that presumption.