What is testamentary capacity?

Testamentary capacity refers to a person’s legal and mental ability to make a valid will. In California, this means the person must understand what a will does, know what property they own and be aware of who their heirs are.

A person does not need perfect memory or health. They only need to understand the nature and purpose of the will when they sign it. Even individuals with some cognitive decline may still have testamentary capacity if they meet basic requirements.

When someone may lack capacity

A person may lack testamentary capacity due to mental illness, advanced age, memory loss or conditions such as Alzheimer’s disease. If they are unable to comprehend the extent of their property or do not recognize their close family members, this may raise concerns.

Temporary confusion caused by illness or medication can also affect capacity. However, if the person regains clarity, they may still be considered legally capable of putting a will in place.

When someone creates a will while lacking testamentary capacity, the will can be challenged in probate court. These challenges often occur after the person has passed away, especially if family members believe the will does not reflect the person’s true wishes.

Disputes over capacity can lead to long and costly court proceedings. Courts may review medical records, witness statements, and doctor evaluations to decide whether the person had the mental ability to make a will.

In cases where testamentary capacity is in doubt, the validity of the entire will may be questioned. This can create uncertainty and conflict for those involved in settling the estate.

Having sound legal guidance when creating a will and if the validity of a will is disputed can help prevent or resolve confusion and conflict.