Insane Delusion

An insane delusion is the legal term of art in the common law tradition used to describe a false conception of reality that a testator of a will adheres to against all reason and evidence to the contrary. A will made by a testator suffering from an insane delusion that affects the provisions made in the will may fail in whole or in part. Only the portion of the will caused by the insane delusion fails, including potentially the entire will. Will contests often involve claims that the testator was suffering from an insane delusion.

An insane delusion is distinct from testamentary capacity. A testator might be suffering from an insane delusion but otherwise possess the requisite capacity to make a will. Similarly, an insane delusion is distinct from a mere mistake. If suffering from an insane delusion, a testator is not subject to change his or her mind regarding the delusion if presented with contrary evidence, whereas a mistake is capable of being corrected if the testator is told the truth. Additionally, while an insane delusion may cause portions of a will to fail, most courts will not reform or invalidate a will because of a mistake unless it was the result of fraud.

Read more about Insane Delusion:  Origin, Examples

Other articles related to "insane delusion, delusion, insane":

Will Contest - Grounds For Contesting A Will
... Insane delusion Insane delusion is another form of incapacity. 5th DCA 1983) In Florida, one of the most-often cited insane delusion is Miami Rescue Mission, Inc ... asserted that the decedent was suffering from an insane delusion at the time the will was executed and that she thus lacked testamentary capacity ...
Insane Delusion - Examples
... witches was not for that reason alone so insane as to deem him incapable of making a valid will ... of witchcraft if these people's beliefs did not render them insane, neither did the testator's ... in his will, when he actually had two living children, was suffering from an insane delusion, as the testator had "no rational basis whatsoever" to declare that he had no children ...

Famous quotes containing the words delusion and/or insane:

    No delusion is greater than the notion that method and industry can make up for lack of mother-wit, either in science or in practical life.
    Thomas Henry Huxley (1825–95)

    Perhaps the mission of those who love mankind is to make people laugh at the truth, to make truth laugh, because the only truth lies in learning to free ourselves from insane passion for the truth.
    Umberto Eco (b. 1932)