testamentary capacity


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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.

testamentary capacity

The ability of a person to make a will or living will.
See also: capacity
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References in periodicals archive ?
In Dalton, the record on appeal showed that the decedent was a "strong willed woman" who possessed testamentary capacity.
The court ruled that although the test for testamentary capacity is quite stringent, the test for capacity to marry is not.
Intestacy is mandatory for a person under the age of 18 who is not an emancipated minor as well as for a person who does not have a valid will and lacks the testamentary capacity to make one, i.
Testamentary capacity is defined as "soundness of mind, memory and understanding".
Trust Company) have offered many affidavits demonstrating that Doris Duke had testamentary capacity when she duly executed her will on April 5, 1993," according to the affidavit by Assistant Attorney General Susan A.
Testamentary capacity (the capacity to make a will) is the standard of capacity that is litigated most frequently.
The second category, in which an award of attorneys' fees was granted, generally concern questions of the testamentary capacity of the decedent or other issues unrelated to the conduct of the proponent of the will.
Porphyria is not relevant to testamentary capacity.
The court found that the deceased's insight into the value of his estate was not a prerequisite for finding testamentary capacity in the circumstances of this case.