On September 24, 2014, the Supreme Court of the State of New York Appellate Division: Second Department reversed a lower court’s order annulling the marriage between a younger woman and an elderly man. The Appellate Division determined that a new hearing on the man’s ability to enter into a marriage contract was warranted. Capacity, in a legal sense,refers to the ability to make a rational decision based upon all relevant facts and considerations.
As many individuals begin to plan for their future and the future of their estate, they are shocked by how many options there are. Many people are familiar with the term “will” and its significance, but too often individuals are also unfamiliar with any other estate planning instruments.