Legal Definitions - Testamentary Capacity

Testamentary capacity refers to a person's ability to make a valid will. In order to have testamentary capacity, a person must meet both an age requirement (usually 18 years old) and a mental capacity requirement.

To have mental capacity, the person making the will (known as the "testator") must be able to:

1. Understand the nature and extent of their property
2. Identify the natural objects of their property (i.e. who would inherit their property if they died without a will)
3. Understand the disposition they are making in their will (i.e. who they are leaving their property to)
4. Connect all of these elements together to form a coherent plan

For example, if an elderly person with dementia tries to make a will but cannot remember who their children are or how much money they have, they may not have testamentary capacity. On the other hand, if a young adult with no mental impairments creates a will leaving their property to their spouse and children, they likely have testamentary capacity.