Testamentary Capacity

terminology used to describe a person\'s legal and mental ability to make or alter a valid will. This concept has also been called being of \"sound mind.\" The test for testamenary capacity involves: the testator understands: • the nature, situation, and extent of his or her property; • his or her relation to those who would naturally have claims to his or her estate; • the effect of the Will in disposing of his or her property; and • is able to hold these things in his or her mind long enough to form a rational judgment concerning them.

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