Quote:
Originally Posted by Sliver
Sometimes, though, there are situations where a person will make a will and I don't think they have the mental capacity to do so rationally (like this case). The problem, of course, is a lawyer will typically have signed off on the will stating that their client was of sane mind (or whatever the wording is) when the will is prepared. You're never going to get the lawyer that signed off on the will to admit his client wasn't of sound mind, so right away it's an uphill battle to overturn a will.
Anyway, as far as judicial activism goes (new term for me), in theory it's probably a really bad precident, but in this one case if he made something that was wrong right, I think that's cool.
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Not sure where you're coming from on the first bolded point. What indicates that he wasn't of sound mind? He wa an a-hole, but nothing indicates he was at all lacking in mental capacity. In fact there's a long history of him not getting along with his daughters.
As to the second bolded aprt, that's a fast track to being disbarred. The vast majority of lawyers arent' ever going to get themselves involved in a will that is signed by someone clearly lacking the ability to understand the contents and meaning of the will. It's career suicide. You're also forgetting the fact that most jurisdictions will require additional witnesses at the time of signing.