testamentary capacity

Testamentary capacity refers to the ability of a person to make a valid will. Most states have both an age requirement (usually 18 years old) and a mental capacity requirement. To have mental capacity, the testator must have the ability to know: 

• The nature/extent of their property
• The natural objects of their property;
• The disposition that their will is making; and
• The ability to connect all of these elements together to form a coherent plan.

See: Banks v. Goodfellow, L.R. 5 Q.B. 549 (1870); How to Assess Capacity to Make a Will; The Marriage of Psychology and Law: Testamentary Capacity.

[Last reviewed in April of 2025 by the Wex Definitions Team]

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