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Simple English definitions for legal terms
Testamentary Capacity
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A quick definition of Testamentary Capacity:
Testamentary capacity is the ability of a person to make a valid will. This means that the person must be at least 18 years old and have the mental ability to understand what they own, who they want to give it to, and how they want to give it away. They must be able to put all of these things together to make a clear plan for their property after they die.
A more thorough explanation:
Testamentary capacity refers to a person's ability to make a valid will. In order to have testamentary capacity, a person must meet both an age requirement (usually 18 years old) and a mental capacity requirement.
To have mental capacity, the person making the will (known as the "testator") must be able to:
- Understand the nature and extent of their property
- Identify the natural objects of their property (i.e. who would inherit their property if they died without a will)
- Understand the disposition they are making in their will (i.e. who they are leaving their property to)
- Connect all of these elements together to form a coherent plan
For example, if an elderly person with dementia tries to make a will but cannot remember who their children are or how much money they have, they may not have testamentary capacity. On the other hand, if a young adult with no mental impairments creates a will leaving their property to their spouse and children, they likely have testamentary capacity.