Of Sound Mind Definition

The sound mind and memory refer to the state of being of a person at the time of the establishment of his will. A healthy mind and memory means that the person has sufficient mental capacity to understand their actions. In order to determine whether the person had a sound mind and memory at the time the will was written, the court will consider whether the person understood what property they owned, whether they understood the relationship between themselves and the people who received their property, and whether the person understood the meaning and effect of the will. A party challenging the will must provide the court with evidence that the person did not have mental health at the time the will was signed. The court may call witnesses who have seen the person who signed the will to determine mental capacity. If the court finds that the person did not have a sound mind, the will fails. [Last updated August 2021 by Wex Definitions Team].