What is “testamentary capacity”?
The testator of a will has “testamentary capacity” when he possesses the mental capacity to understand:
- that she is creating a will,
- the effect of making a will (the disposition of her property after she dies),
- the “nature and extent” of her property,
- the identity of her next of kin and other “natural objects of her bounty”.
Her mind must also be able to form reasonable judgments.