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Testamentary Capacity

The mental ability the law requires in order to make a valid will.

What Testamentary Capacity means in an estate

The classic test asks whether, at the moment of signing, the person understood that they were making a will, knew in general terms what they owned, knew who their natural heirs were, and understood how the will disposed of their property. The bar is deliberately low: someone can have a dementia diagnosis, or even be under a guardianship, and still have capacity during a lucid interval. Lack of capacity is one of the most common grounds raised in a will contest.

Information current as of April 4, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.