Kernrechtsfrage
Whether the 19 April 2005 authentic will is void/annullable for lack of testamentary capacity.
Extrahierter Entscheid
The testator had to be presumed capable of discernment; the earlier guardianship and the 1996 psychiatric report did not prove incapacity in April 2005, and the will remained valid.
Extrahierte Begründung
Capacity of discernment is the rule and must be assessed specifically for the act in question and at the relevant time. A prior guardianship is only an indication, not decisive. The later, will-specific psychiatric assessment and the simplicity of the testamentary act supported capacity, while the claimant failed to show incapacity with the required preponderance.