Testamentary Capacity

Testamentary capacity signifies the mental and legal capability of an individual to draft a legally binding will. This implies that in order to put together a will, the testator needs to have adequate intellectual capacity. It will be assumed that the testator possessed this capacity if a will appears reasonable on appearance and is appropriately signed in front of the witnesses. Anyone challenging the will under such conditions on the basis of this capacity needs to prove that the testator lacked capacity.

In a scenario where the testator is found to lack mental capacity, the individual's will can be declared ineffective. Moreover, the allocation of their assets will be determined by their previous will. However, in the absence of a past will, the laws of intestacy will dictate how the assets will be distributed.

Assessing testamentary capacity includes the following steps:

• Receiving a letter stating the legal requirements from the attorney.
• Allowing adequate time for the process.
• Determining, based on established medical information, if the individual in question has dementia.

• Verifying that the individual is aware of each of the following specifications:

     The purpose and consequences of creating a will
     The size of their estate
     The claims of potential beneficiaries

• The patient should not be suffering from a psychological condition that would influence them to give gifts in their will that they otherwise would not have done
• Recording the patient's responses verbatim
• Verifying information with the lawyer, such as the size of the estate
• Finding out about and examining past wills
• Finding out why particular beneficiaries are selected or rejected
• When in question about capacity, obtaining a further evaluation from a qualified expert

The testamentary capacity checklist requires that to have this capacity, a testator must be capable of understanding the following:

• The size of the possessions
• The nature of the will and its implications
• The ethical responsibilities they must take into account

The testamentary capacity checklist also necessitates an individual making distinctions between individuals and executing ethical choices, like deciding if one child, in particular, deserves to be given preference over other kids because they are less privileged, more worthy, or require more financial support because of their health or family responsibilities. Furthermore, they must not have a mental illness that would impair their ability to use their natural rights or distort their sense of fair treatment.

Let us go through the following Testamentary Capacity examples to understand this concept:

Example #1

Let us assume that Sam owns property that he wants to give away to his younger daughter, Jenny after he passes away. He created a will, which he mentioned above. Upon his death, Sam’s older daughter Amy challenged his will, stating that he lacked the mental capacity to draft a reasonable will. The matter was investigated legally, and eventually, it was proved that Sam had the mental capacity to create a legally binding will. This is a testamentary capacity example.

Example #2

In a legal battle for a share of her father's wealth, a daughter who claimed her wealthy father was tricked into a predatory marriage by a woman 39 years younger than him has defeated the woman. She then filed a lawsuit to have the will of her late father overturned against her stepmother, who was the deceased's executor. The court determined that Mr. Harrington had a delusional mental condition, which was depicted by a number of misleading information. It included his claims that he had been separated from his daughter for over thirty years and about his military profession. Because of his disoriented state, he lacked adequate mental ability when he signed his final will in March 2020. This is another testamentary capacity example.

Testamentary capacity is significant in various situations. For instance, numerous clients with dementia need this because the development of this condition causes a person to occasionally lose the ability or mental awareness while remaining completely reasonable at other times. The general principle is that a will is valid if the person making it has the Testamentary Capacity. The will carries out the provisions established by the person creating it, and the person knows they are executing a will for which they had previously given instructions. In reality, it implies that an individual suffering from dementia may have the testamentary ability while delivering the instructions but not when implementing the will. As a result, the will is not considered invalid.