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Simple English definitions for legal terms
disposing capacity
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A quick definition of disposing capacity:
Disposing capacity refers to a person's ability to make decisions about their property and assets, especially when creating a will. It means that the person understands what they own, who they want to give it to, and that they are making a plan for after they die. It is important for someone to have disposing capacity when creating a will to ensure that their wishes are carried out properly.A more thorough explanation:
Definition: Disposing capacity refers to the mental ability that a person must have to prepare a valid will. It is also known as testamentary capacity. This capacity is often described as the ability to recognize the natural objects of one's bounty, the nature and extent of one's estate, and the fact that one is making a plan to dispose of the estate after death. Traditionally, the phrase “of legal age and sound mind” refers to the testator's capacity.
Example: If a person wants to make a will, they must have disposing capacity. This means they must understand what they own, who their family members are, and what they want to do with their property after they die. For example, if an elderly person has dementia and cannot remember their family members or the extent of their property, they may not have disposing capacity to make a valid will.
Explanation: The example illustrates how a person's mental ability to understand their property and make decisions about it is necessary for disposing capacity. If a person lacks this ability due to a mental illness or impairment, they may not be able to make a valid will. This is important because a will is a legal document that determines how a person's property will be distributed after their death.