testamentary capacity


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testamentary capacity

n. having the mental competency to execute a will at the time the will was signed and witnessed. To have testamentary capacity the author of the will must understand the nature of making a will, have a general idea of what he/she possesses, and know who are members of the immediate family or other "natural objects of his/her bounty." Inherent in that capacity is the ability to resist the pressures or domination of any person who may try to use undue influence on the distribution of the testator's (will writer's) estate. (See: will, undue influence)

References in periodicals archive ?
A purported will executed by such an individual would be void for lack of testamentary capacity assuming that the court concluded that the individual was incapable of identifying the natural objects of his bounty.
They formed the opinion that Mrs Harris did not suffer from dementia and that she had testamentary capacity.
8) Although the finding of forgery was sufficient to invalidate the alleged will, the trial court went on to find that the decedent lacked testamentary capacity at the time of the alleged execution of the will.
The court ruled that although the test for testamentary capacity is quite stringent, the test for capacity to marry is not.
Porphyria is not relevant to testamentary capacity.
Sections 18 to 26 For persons lacking testamentary capacity
Testamentary capacity (the capacity to make a will) is the standard of capacity that is litigated most frequently.
The court found that the deceased's insight into the value of his estate was not a prerequisite for finding testamentary capacity in the circumstances of this case.
Cases still come before the courts involving disputed testamentary capacity and the steps taken by lawyers to ensure that the individual concerned has the necessary understanding to make a will.
Reviewing a will frequently also allows for an assessment of testamentary capacity.
Justice McDonald considered the test for testamentary capacity, as defined in the 1870 case of Banks v.
The test for whether a maker has testamentary capacity, though not an exact science, does include certain characteristics.