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 ?
Those witnesses will likely almost always testify that the testator had adequate capacity, either because they were official 'legal' witnesses to the will-and therefore had to ensure that he or she had capacity-or because they would not have permitted the will signing to go forward absent their belief that the testator had testamentary capacity," he explains.
3d DCA 1962), the Third District found the decedent had testamentary capacity at the time of making the will, but reconsidered the decedent's mental condition in its analysis of undue influence.
He had been entitled to conclude that the evidence in favour of Mrs Parker having the required testamentary capacity to change her will was 'so overwhelming' that it would be 'wasteful' to allow Mark Parker to proceed with his challenge any further.
Schoenblum also found " predominant weapon for attempting to undo a will is an allegation of undue influence or lack of testamentary capacity.
The children are contesting the Will, stating that the decedent lacked testamentary capacity to create the Will, and that the defendants unduly influenced the decedent in the creation of the Will.
However, John Randall QC, for Ms Dooney, said: "Where, as here, prior instructions for a will are proved to have been given by an intending testator with full testamentary capacity, there is no absolute rule of law which requires that such capacity must also be separately proved at the time of the execution [of the will].
The material is contained in 3 volumes, with sections on testamentary capacity and power, execution and revocation of wills, probate of wills, the appointment and qualification of executors and administrators, assets and inventory, and will forms, among other topics.
Banton did not have testamentary capacity when he signed his wills in this woman's favour and that it was her undue influence that procured the wills.
ISSUE: Time and again, nurses are called upon to testify as to the testamentary capacity of patients.