Tag Archives: Testamentary Capacity
How to Determine if Someone Has Testamentary Capacity
Testamentary capacity refers to the legal ability of a person to make a valid will. A person who creates a will must be “of sound mind ” for the document to be legally binding. In situations in which someone challenges a will, one reason is that the challenger believes the testator (the person who created […]
Factors to Consider When Determining Testamentary Capacity
For a will to be legally valid, the person who creates it must “be of sound mind and body.” This is known as having “testamentary capacity.” There are five components to testamentary capacity: Age: For a will to be valid, the person creating it must be an adult and fully understand the importance of creating […]
What Goes into Testamentary Capacity?
For a will to be valid, the creator must have what’s referred to as “testamentary capacity” when creating it. This means you must have the mental ability to fully understand the decisions you are making. The following are the five components that establish testamentary capacity: Age: You must be an adult over the age of […]