Testamentary capacity refers to the ability of a person to make a valid will. Most states have both an age requirement (usually 18 years old) and a mental capacity requirement. To have mental capacity, the testator must have the ability to know:
- The nature/extent of their property
- The natural objects of their property;
- The disposition that their will is making; and
- The ability to connect all of these elements together to form a coherent plan.
See: Banks v. Goodfellow, L.R. 5 Q.G. 549 (1870); How to Assess Capacity to Make a Will
[Last updated in June of 2024 by the Wex Definitions Team]