Testamentary Capacity (noun): A testator possessing the mental competency to create a will. Consequently, a person lacking testamentary capacity fails to remember and understand the relationship with relatives, understand and remember the nature and situation of their property, and understand the nature and effects of the will. A common way to challenge the validity of a will is to invoke the testator’s lack of testamentary capacity at the time the Will was executed. To read more about testamentary capacity click here.
Words commonly used with this term include:
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