MCLE SELF-STUDY ARTICLE ELUSIVE LUCIDITIES: EYFORD V. NORD AND CALIFORNIA’S DELUSION DOCTRINE
Written by Evan D. Winet, Esq.*
Having seen with what lucidity and logical coherence certain madmen (with method in their madness) justify their crazed ideas to themselves and to others, I have lost forever any real confidence in the lucidity of my own lucidity.1
A will or other donative transfer that is shown to be the product of an "(insane) delusion,"2 as construed by law, is void. This principle, this delusion doctrine, has developed over the past two centuries alongside, or perhaps in the shadows of, the law governing mental capacity to execute donative instruments. The delusion doctrine provides an alternative rationale for invalidating donative transfers and instruments as not being valid expressions of the donor’s intent.