CALIFORNIA FAMILY LAW
...Death of a Spouse
......Wills & Trusts
.........Capacity
4 Cards On This Topic:

Capacity to make a will.

Capacity to execute trust.

The evidence failed to show trustor had a "mental health disorder” as contemplated in Prob. Code §6100.5 (a)(2) at the time she executed the trust instrument.

Mental capacity to make a trust may require higher mental capacity than simply making a will.