What is testamentary capacity?

Testamentary capacity is a legal term used to describe the mental abilities required to create a valid will in the state of Georgia. In order for a person to have testamentary capacity, they must understand the nature and extent of their estate, as well as how the distribution of their assets will be affected by the creation of the will. Furthermore, they must also comprehend the effects of their decisions regarding distribution of property and recognize those who have claim to the estate. In Georgia, a person must be at least 18 years of age or have been married or in the military to be considered capable of forming a valid will. As well, an individual should not be impaired by a mental disorder or under influence of drugs or alcohol at the time of creating the will. There are some exceptions to the requirement of testamentary capacity. For example, a court may decide that an individual, such as a minor, is capable of making a will even if they do not meet the aforementioned requirements. Additionally, another person may be appointed to take responsibility for a person’s estate under certain circumstances in which the individual in question is not mentally capable of forming a valid will. In summary, testamentary capacity is a legal term used in Georgia to describe the mental abilities required in order to create a valid will. In order for a person to have testamentary capacity, they must understand the nature and extent of their estate, be at least 18 years of age or have been married or in the military, and not be impaired by a mental disorder or under the influence of drugs or alcohol.

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What is testamentary capacity?

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