On this page you will find the legal definition and meaning of Sound Mind And Memory, written in simple English, as well as examples of its use. n. have an understanding of one`s own actions and a reasonable knowledge of one`s own family, property and environment. This is a phrase often included in the introductory paragraph of a will in which the testator (author of the will) declares that he is “of sound mind and memory”. The general test is whether the person making the will understood: (a) the meaning and effect of the will, (b) what the person possessed (more or less), and (c) the “natural objects of his or her premium,” that is, immediate family and other particularly close relatives or friends to whom he or she could leave things. A party challenging the will must provide the court with evidence that the person did not have mental health at the time the will was signed. The court may call witnesses who have seen the person who signed the will to determine mental capacity. If the court finds that the person did not have a sound mind, the will fails. (n) An agreement is legally enforceable only if it is concluded without outside influence. An unhealthy mind and memory can lead to a decision that normally should not have been made, and therefore such agreements are treated as null and void.
The parties to an agreement declare that they are “sane of mind and memory” to show that they are doing so in full awareness of the mind to make it a legally binding agreement. The term is generally used to document the “will”. The sound mind and memory refer to the state of being of a person at the time of the establishment of his will. A healthy mind and memory means that the person has sufficient mental capacity to understand their actions. In order to determine whether the person had a sound mind and memory at the time the will was written, the court will consider whether the person understood what property they owned, whether they understood the relationship between themselves and the people who received their property, and whether the person understood the meaning and effect of the will. The state of mind of a person who is able to reason and judge ordinary subjects like other reasonable people. 2. The law presupposes that every person of full age is of sound mind and therefore competent to contract and perform all his civil obligations; And those who claim otherwise must prove confirmation of their position by explicit evidence, not conjecture. The ability to think, understand and argue for oneself.
Adults are generally considered healthy until circumstances change. [Last updated August 2021 by the Wex definitions team] Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary.