598. Common law presumption of capacity.

598.     Common law presumption of capacity.

In civil cases every person is presumed to have mental capacity1 until the contrary is proved2. However, it is for the executors or other people seeking to set up a will to show that the testator had capacity at the time3.

Where a person has been proved or admitted to have been so mentally disordered as to lack the capacity to make a contract or disposition, such a condition is presumed to continue until it is proved to have ceased, and the burden of proving a recovery or a lucid interval lies