Questão jurídica principal
Whether the testator lacked testamentary capacity when executing the will of 8 September 1997
Decisão extraída
The testator's testamentary capacity was not disproved; the will was not so complex as to require heightened proof of capacity.
Fundamentação extraída
A will is assessed according to the difficulty of the concrete act. The contested disposition was simple: it set the son to his compulsory share and provided a cash settlement. General frailty or age alone did not overturn the presumption of capacity.