What is testamentary capacity?

Testamentary capacity is a legal term used to describe the mental and legal abilities a person must have in order to create and sign a valid will. In order for the will to be accepted, the individual must have the mental capacity to understand the nature of the document and the consequences of its execution. To show testamentary capacity, the individual must be cognizant of the scope of his or her assets, the quantity of beneficiaries who will receive a bequest, and the legal significance of the will. The individual must also know the natural objects of his or her bounty, or the people who would normally receive a bequest under the circumstances. In the state of Tennessee, a will must be made by a person who is over 18 years old and of sound mind and memory. Generally, an individual is presumed to have testamentary capacity unless a court finds otherwise. The burden is on the person who contests the will to show the decedent lacked the necessary capacity to create a valid will. To do this, it must be proven that the individual was unable to understand what he or she was doing, either due to being unconscious or having a mental illness. If this is proven, the court can invalidate the will.

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What is testamentary capacity?

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