A person who has been adjudicated incapacitated is presumed to lack testamentary capacity and the burden is on the proponent of the will to provide clear and convincing evidence of testamentary capacity, or at least a lucid interval. Testimony of subscribing witness that the testator “seemed alert … like he knew what he was doing and why” was insufficient, and testimony of lawyer was discounted because she failed to take customary precautions to determine that testamentary capacity existed. Both the decedent’s will, which was also found to be the product of undue influence by the decedent’s caretaker, and individual retirement account beneficiary designation were therefore found to be invalid. In re: Estate of F. Harvey Whitten, Deceased, 11 Fid.Rep.3d 29 (Montgomery O.C. 2019).