What is testamentary capacity?

Testamentary capacity is a legal term used to describe someone’s mental and legal ability to make or change a will or to grant probate. In Virginia, a person must be of sound mind to have testamentary capacity and be able to understand the nature and extent of their property, the persons who might be considered beneficiaries, and the nature of their testamentary act. In addition, they must understand the effect of disposing their property in a certain way. If a person is found to lack testamentary capacity, then their will or estate cannot be proven and therefore cannot be given effect. This means that a court may not grant probate, or administer the estate, per the person’s wishes. In Virginia, a person is presumed to have testamentary capacity unless proven otherwise. Therefore, if there is any evidence that casts doubt on a person’s capacity, then they must be able to prove their legal ability to make a will or grant probate. Proving testamentary capacity can be done through evidence such as medical records, witness testimony, and financial records. Such evidence must show that the person had the necessary mental competence to understand the implications of creating or changing a valid will or estate plan. Testamentary capacity is a complex issue and an important factor when it comes to creating or changing a will in Virginia.

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What is testamentary capacity?

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