Testamentary Capacity

Testamentary capacity is the legal and mental ability required for a person (called a testator) to make or change a valid will. It means the testator must have a sound mind at the time of executing the will, understanding the nature of the act, the extent of their property, the natural beneficiaries of their estate, and how the will disposes of their assets.

More specifically, courts generally require that the testator:

• Understands that they are making a will and what that entails.
• Comprehends the general nature and extent of their property.
• Recognizes the natural objects of their bounty (i.e., the people who would normally inherit, such as family members).
• Can connect these elements to form a coherent plan for distributing their estate.

This standard is often summarized by the legal precedent In re Bottger’s Estate (Washington State), which states that the testator must have "sufficient mind and memory to understand the transaction," comprehend their estate, and recollect the objects of their bounty at the time of executing the will.

Testamentary capacity does not require perfect mental health or full cognitive ability, but the testator must have enough mental clarity to understand the key elements involved in making a will. Courts may evaluate medical evidence, witness testimony, and the testator’s behavior at the time of signing to determine if testamentary capacity existed.

In summary, testamentary capacity is the soundness of mind necessary to create a valid will, ensuring the testator understands what they are doing, what they own, and who should inherit. Without this capacity, a will can be challenged and potentially invalidated by a court.