What is testamentary capacity?

Testamentary capacity is an important legal concept related to wills and probate law in California. It is related to a person’s mental capacity when they are creating or revoking a will. For a will to be valid in California, the person creating it must have the mental capacity to understand the significance of the will. Testamentary capacity requires that the person has sufficient mental capacity to understand the nature of the act, that a will is being created or revoked; the extent of their property; the natural objects of their bounty, which are typically the beneficiaries of the will; and the moral duty to make a will. In general terms, this means that the testator must have a clear understanding of what they own, who the beneficiaries of the will are, and how their property will be distributed among them upon their death. In California, if a person does not have testamentary capacity, the will is not valid. This is why it is important for a will to be drafted and executed correctly, and with an updated version anytime there is a life event that might change the testator’s estate. Such events include marriage, divorce, the births of children, the deaths of loved ones, and other changes in circumstances. If a will is deemed invalid due to lack of testamentary capacity, then the estate is distributed according to the California probate laws.

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What is testamentary capacity?

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