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: (1) the nature/extent of property; (2) the natural objects of her property; (3) the disposition that her will is making; and (4) the ability to connect all of these elements together to form a coherent plan.
Definition from Nolo’s Plain-English Law Dictionary
The mental competency to execute a will at the time the will was signed and witnessed. Generally, the will maker must understand nature of making a will, have a general idea of what he or she possesses, and know who his beneficiaries are.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:25 pm