Legal Definitions - disposing capacity

Definition: Disposing capacity refers to the mental ability that a person must have to prepare a valid will. It is also known as testamentary capacity. This capacity is often described as the ability to recognize the natural objects of one's bounty, the nature and extent of one's estate, and the fact that one is making a plan to dispose of the estate after death. Traditionally, the phrase “of legal age and sound mind” refers to the testator's capacity.

Example: If a person wants to make a will, they must have disposing capacity. This means they must understand what they own, who their family members are, and what they want to do with their property after they die. For example, if an elderly person has dementia and cannot remember their family members or the extent of their property, they may not have disposing capacity to make a valid will.

Explanation: The example illustrates how a person's mental ability to understand their property and make decisions about it is necessary for disposing capacity. If a person lacks this ability due to a mental illness or impairment, they may not be able to make a valid will. This is important because a will is a legal document that determines how a person's property will be distributed after their death.