Point one: There were only two grounds for contesting a will in Virginia-undue influence and lack of mental capacity.

If the acquittal resulted from a finding of insanity or lack of mental capacity, records of the arrest cannot be expunged.

Lack of disposing mind and memory or Testamentary capacity claims are based on the testator's lack of mental capacity and are the most common types of testamentary challenges.

Before her eventual execution there was considerable public pressure for a reprieve, on the grounds of her gender, youth and perceived lack of mental capacity (both of herself, and other members of her family).

Lack of Mental Capacity or incompetence is typically proven by medical records, irrational conduct of the Decedent, and the testimony of those who observed the Decedent at the time the Last Will and Testament was executed.

It is this reasoning that justifies the defenses of infancy, and of lack of mental capacity under the M'Naghten Rules, an alternate common law rule (e.g., Durham test), and one of various statutes defining mental illness as an excuse.