The testator must understand that they are making a will, know the general nature and extent of their property, and recognize the persons who would naturally receive it. The standard is lower than contractual capacity.
Capacity is assessed at the moment of execution.
Alternative Names:
Capacity to Make a Will|Sound Mind
Why it Matters?
Capacity is assessed at execution rather than generally, which means a testator with dementia may execute a valid will during a lucid interval, and evidence of diminished capacity before or after does not establish incapacity at the moment. Contemporaneous evidence from the drafting attorney and witnesses is accordingly the most valuable proof. The low threshold means medical diagnoses alone rarely establish incapacity.
Frequently Confused with
Related terms
Frequently asked questions
When is capacity assessed?
Does a dementia diagnosis establish incapacity?
