Testamentary Capacity

/ˌtɛstəˈmɛntəri kəˈpæsɪti/

Definitions

  1. (n.) The legal and mental ability of a person to make or alter a valid will.
    The court found that the testator lacked testamentary capacity when he drafted the will.

Forms

  • testamentary capacity

Commentary

Testamentary capacity requires understanding the nature of one's estate and the effect of the will; it is evaluated at the time the will is executed.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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