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 his property, to understand the nature and effect of his act, and to make a disposition of his property according to some plan formed in his mind. Re Hagan, 143 Neb 459, 98 NW2d 794, 154 ALR 573. A testator is of sound and disposing mind and memory, and hence, competent, if at the time of making his will, he has sufficient mental capacity to understand the nature of the act he is doing, to understand and recollect the nature and situation of his property, and to remember and understand his relations to persons who have claims upon his bounty and whose interests are affected by the provisions of the instrument. In re Smith's Estate, 200 Cal 152, 252 P 325. Testamentary capacity includes a recollection of the persons related to him by ties of blood and affection, and of the nature of the claims of those who are excluded from participating in his estate. 57 Am J1st Wills § 51.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • 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. Merriam Webster. 1996. testamentary …   Law dictionary

  • Testamentary capacity — Wills, trusts and estates …   Wikipedia

  • 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 …   Australian English dictionary

  • 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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