Legal Definitions - lack of capacity

Lack of capacity refers to the disability of a person to create or enter into a legal relation due to some special characteristic. This means that the person is unable to understand the nature and effect of their actions, and therefore cannot be held responsible for them.

• Mental capacity: A person with a mental illness may lack the mental capacity to enter into a contract or make a will.
• Testamentary capacity: A person who is not of legal age or sound mind may lack the testamentary capacity to prepare a valid will.
• Criminal capacity: A person who is unable to understand right from wrong due to a mental impairment may lack the criminal capacity to be held accountable for a crime.

These examples illustrate how lack of capacity can affect a person's ability to engage in legal relations or be held responsible for their actions.