What is testamentary capacity?

Testamentary capacity is a term used in North Carolina wills and probate law to describe the mental and legal ability of an individual to create a valid will document. In order for a will to be valid, the testator—the person making the will—must have testamentary capacity. This means they must be of sound mind and understand the nature and consequences of making a will and the dispositions it contains. The legal standard for testamentary capacity is lower than a standard of competency and merely requires that the testator has an understanding of the basic elements of their estate and what dispositions they are making in their will. This means that a testator must be aware of the extent of their property and the people they could prefer in the will, in addition to the fact that the document is a will. If testamentary capacity is lacking, the will can be declared invalid. This means the deceased’s assets would have to be distributed according to the rules of intestate succession, which are determined by state law. When a will is challenged due to testamentary capacity, the court will take into consideration the person’s age, physical health, mental health, and any medications they may be taking when evaluating the will. They will also consider any evidence that shows the testator had a good grasp of the will and the consequences of making it.

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What is testamentary capacity?

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