Related Definitions
What is Testamentary Capacity?
A testator’s ability to make sound financial and legal decisions at the time of the creation of their will.
Without testamentary capacity, a probate court will not validate a will. The legal ability of an individual to understand the nature of making a will and its effects at the time the will is executed. Testamentary capacity requires the testator to comprehend their assets, the identities of their beneficiaries, and the implications of their decisions. If a will is contested based on a lack of testamentary capacity, evidence of the testator’s mental state at the time of execution will be crucial in court proceedings to determine the will’s validity.
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