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testamentary capacity

   Also found in: Legal, Wikipedia 0.01 sec.
testamentary capacity
[tes′təmen′tərē]
a person's competency to make a will, including awareness that a will is being made, awareness of the nature and extent of property covered by the will, and awareness of the identities of beneficiaries.


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Essentially, the factor compares the decedent and the influencer rather than merely evaluating the testamentary capacity of the decedent.
The material is contained in 3 volumes, with sections on testamentary capacity and power, execution and revocation of wills, probate of wills, the appointment and qualification of executors and administrators, assets and inventory, and will forms, among other topics.
Mr and Mrs Man and Mrs Bechal's nieces Sandra and Louise were in court to hear the judge, Sir Donald Rattee, declare: "In my judgment, on the balance of probabilities, Mrs Bechal had testamentary capacity.
 
 
 
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