What is “testamentary capacity”?

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.

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