"Anderson v. Hunt; Justice Steven Suzukawa; Trust Amendments; Trust capacity; Will capacity; Testamentary Capacity; Probate Code Section 6100.5; Probate Code Section 812"

Think the law is always black and white?  Think again…at least when you are thinking of Trust vs. Will capacity.  From a legal perspective, capacity as it relates to Will and Trust creation is confusing—even for us lawyers.  Primarily because California Courts have not always applied consistent standards in evaluating capacity to make a Trust.