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.