Webb v. Anderson Children Trust

Citations

• 160 N.E.3d 804
• 2020 Ohio 4975

Syllabus

PROBATE – TESTAMENTARY CAPACITY: The probate court properly applied the test for testamentary capacity to determine whether decedent lacked the mental capacity to designate a beneficiary on her Individual Retirement Account. Evidence that a person had dementia is insufficient by itself to establish the person's lack of testamentary capacity there must be evidence that dementia actually affected the person's capacity to make a testamentary disposition.