testamentary capacity

testamentary capacity
testamentary capacity n: the capacity in executing a will to understand the nature and extent of one's property and how one is disposing of it and to recognize the natural objects of one's bounty

Merriam-Webster’s Dictionary of Law. . 1996.

testamentary capacity
n.
The mental ability required to compose and execute a valid will, i.e., the ability to understand who one is, what one owns, and what the will will do.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


testamentary capacity
The mental competency to execute a will at the time the will was signed and witnessed. Generally, the will maker must understand nature of making a will, have a general idea of what he or she possesses, and know who his beneficiaries are.
Category: Wills, Trusts & Estates → Wills

Nolo’s Plain-English Law Dictionary. . 2009.


testamentary capacity
The legal ability to make a will.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

testamentary capacity
n.
   having the mental competency to execute a will at the time the will was signed and witnessed. To have testamentary capacity, the author of the will must understand the nature of making a will, have a general idea of what he/she possesses, and know who are members of the immediate family or other "natural objects of his/her bounty." Inherent in that capacity is the ability to resist the pressures or domination of any person who may try to use undue influence on the distribution of the testator's (will writer's) estate.
   See also: competent, undue influence, will

Law dictionary. . 2013.

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Look at other dictionaries:

  • Testamentary capacity — Wills, trusts and estates …   Wikipedia

  • testamentary capacity — The capacity to accomplish the purpose of making a valid will as determined objectively from the standpoint of the purpose. The capacity of a person making a will to know the natural objects of his bounty, to comprehend the kind and character of… …   Ballentine's law dictionary

  • testamentary capacity — /tɛstəmɛntəri kəˈpæsəti/ (say testuhmentuhree kuh pasuhtee) noun Law capacity (def. 7) in relating to executing a will, as in being of sound mind, being free from undue pressure from any party, etc …  

  • testamentary capacity — noun : the mental competence necessary for making a will …   Useful english dictionary

  • capacity — ca·pac·i·ty n pl ties 1: a qualification, power, or ability (as to give consent or make a testament) created by operation of law 2: an individual s ability or aptitude; esp: mental ability as it relates to responsibility for the commission of a… …   Law dictionary

  • testamentary — I adjective by way of a will, bequeathed by will, contained in a will, devised by will, distributed by will, given by testament, hereditary, patrimonial, set forth in a will, transferred by a legacy, transferred by bequest, transferred by devise… …   Law dictionary

  • testamentary — Pertaining to a will or testament; as testamentary causes. Derived from, founded on, or appointed by a testament or will; as a testamentary guardian, letters testamentary, etc. A paper, instrument, document, gift, appointment, etc., is said to be …   Black's law dictionary

  • testamentary power — The power to make a will existing under the law as a matter of privilege. Hamilton v Morgan, 93 Fla 311, 112 So 80. Convicts may have the capacity and yet be denied the power to make a will. 57 Am J1st Wills § 51. See testamentary capacity …   Ballentine's law dictionary

  • capacity — Holding space, as the capacity of a ship or freight car; ability; legal competency; a person s ability to understand the nature and effect of the act in which he is engaged and the business which he is transacting. Tiger v Lozier, 124 Okla 260,… …   Ballentine's law dictionary

  • capacity of testator — See testamentary capacity …   Ballentine's law dictionary

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