Also known as: de bonne mémoire · sound mind · of good memory
Written by attorneys · grounded in primary & secondary sources — see below
A mental condition of sound mind and good memory. The condition requires the ability to understand the nature and extent of one's property, the natural objects of one's bounty, and the disposition being made of that property.
Damian Decker, an aging dairy farmer, sat at his kitchen table and signed a typed document leaving his herd and equipment to his adult son. Two adults of sound mind witnessed the signing. After Damian's death his other children challenged the document on the ground that Damian lacked capacity. The court upheld the will because Damian met the requirement of de bonne memoire at execution.
Destiny Davis drafted a will at age twenty-five leaving her estate to a friend. Her siblings later contested the document claiming Destiny lacked capacity. The court admitted the will after finding Destiny understood her property, her family members, and the plan of disposition.
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Demetrius Douglas signed a will before two witnesses and a notary. The attached affidavit recited that he was of sound mind. After death, heirs challenged capacity. The court treated the affidavit as prima facie proof and found de bonne memoire satisfied.
Danielle Dixon executed a will while suffering mild cognitive decline. She correctly identified her house, her two children, and her intent to divide the estate equally. The court found she retained de bonne memoire despite medical evidence of impairment.
Doris Duffy signed a will that disinherited her son based on a fixed false belief he was trying to poison her. Expert testimony showed the delusion prevented understanding the natural objects of her bounty. The court denied probate for lack of de bonne memoire.
Daniel Diaz, age seventeen, signed a document purporting to leave his savings to a classmate. After his death the document was offered for probate. The court held it void because Daniel had not reached the age of majority required for de bonne memoire.
The phrase requires that the testator understand in a general way the nature and extent of his or her property, the natural objects of his or her bounty, and the disposition being made of the property. The testator must also be able to relate these elements and form an orderly plan.
No. Modern probate statutes permit any generally competent adult of sound mind to witness a will even if the witness is a beneficiary. The will remains valid and the gift to the witness is not automatically voided.
A person under the statutory age lacks capacity to make a will regardless of actual mental condition. The Uniform Probate Code sets the minimum age at eighteen. A purported will by a seventeen-year-old is void.
No. The affidavit recites that the testator was of sound mind, but the recitation is only prima facie evidence. If evidence shows the testator lacked de bonne memoire at execution the will fails despite the affidavit.
…however, the trust company, pursuant to the requirements of § 100-c (9), had notified by mail each person of full age and sound mind whose name and address were then known to it and who was "entitled to share in the income therefrom. . . [or] . . . who would be entitled to share in the principal if the event upon which…