Describe what is meant by testamentary capacity.
What will be an ideal response?
The legal capacity to make a valid will is called testamentary capacity. To have testamentary capacity, a person must be of sound mind and of legal age, which is 18 in most states. A person does not have to be in perfect mental health to have testamentary capacity. Because people often delay executing wills until they are weak and in ill health, the standard for mental capacity to make a will is fairly low. To be of "sound mind," a person need only be sufficiently rational to be capable of understanding the nature and character of her property, of realizing that she is making a will, and of knowing the persons who would normally be the beneficiaries of her affection. A person could move in an out of periods of lucidity and still have testamentary capacity if she executed her will during a lucid period.
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