Creating a will is one of the most important parts of estate planning. Nonetheless, not everyone may have the legal capacity able to do so. This where the concept of testamentary capacity is relevant.
Understanding testamentary capacity is essential for anyone involved in planning or managing an estate. Here are some key facts to consider.
Defining testamentary capacity
Testamentary capacity means the level of capacity required of an individual to make a valid will. To have testamentary capacity, a person must possess sufficient mental ability at the time of executing the will to understand the business in which they are engaged, the effect of making the will, and the general nature and extent of their property. Additionally, the person must know their next of kin and the natural objects of their bounty, and have sufficient memory to collect and hold the elements of the business to be transacted long enough to perceive their obvious relation to each other and to form a reasonable judgment about them. This capacity is judged at the time the will is made.
When testamentary capacity may be lacking
A lack of testamentary capacity often arises in cases involving cognitive decline, such as dementia or other mental health conditions. If a person does not fully understand what they are doing or is unable to make decisions based on reason and clarity, they may not have the capacity to make a valid will.
If a person lacks testamentary capacity when creating a will, the will may be challenged later. This can lead to disputes among family members or result in the will being declared invalid. In such cases, the estate may be distributed according to state intestacy laws instead.
For these reasons, testamentary capacity is key in ensuring a person’s final wishes are respected and legally upheld. When drafting your estate plan, it’s essential to have legal guidance.
