"Furiosi nulla voluntas est" is another Latin legal maxim, which translates to "there is no will of a person who is insane."
This maxim reflects the principle that a person who is mentally incapacitated or insane lacks the capacity to form a valid will or testamentary intention.
In the context of estate planning and testamentary matters, this principle means that a person who is deemed to lack mental capacity, such as someone suffering from severe mental illness or cognitive impairment, cannot make a legally binding will.
The reasoning behind this is that a person must have the requisite mental capacity to understand the nature of their assets.
The consequences of their decisions, and the individuals they wish to include or exclude from their will.
When a person is determined to be mentally incapacitated, their will may be invalidated or challenged in court.
In such cases, the court may appoint a guardian or conservator to manage the person's affairs and make decisions on their behalf.